1. Introduction
This is a legal and binding agreement between you (“User”) and INDIGO GAMINGS PRIVATE LIMITED | PEESAH HOLDINGS LLP. FZC (“ We/Us/Our/PEESAH”) stating the terms that govern your use of the Platform, as defined under Our Privacy Policy ( “Terms of Use ”).
Please review Our Terms of Use, Privacy Policy and other policies available on the Platform that govern the use of the Platform. By accepting these Terms of Use in any manner or accessing the Platform, you consent, agree, and undertake to abide, be bound by and adhere to the Terms of Use and if you do not agree to these terms of use, you are not entitled to avail of/use the Platform and any use thereafter shall be determined as unauthorised.
These Terms of Use shall apply to Our Platform, including our whatsapp groups, facebook groups, instagram pages, facebook pages, email/sms/phone communications and other social media forums hosted by Us, which shall be deemed to be part of the Platform by reference.
Please read these Terms of Use, along with the privacy policy and all other rules and policies made available or published on PEESAH Platform as they shall govern your use of the PEESAH Platform.
2. Ownership of rights
All rights, including copyright, in this Platform are owned by or licensed to PEESAH. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.
You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our website for commercial or public purposes. you may not modify, distribute or re-post something on this website for any purpose
The Platform contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of PEESAH Platform is protected by copyright as a collective work under the Platform.
3. Applicable laws
PEESAH owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as copyright or license to use in the content original to it. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. you may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of PEESAH is permitted.
If copying, redistribution, or publication of copyrighted material is expressly permitted by PEESAH, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading/accessing copyrighted material. The trademarks that are located within or on our Platform, shall not be deemed to be in the public domain but rather the exclusive property of PEESAH, unless such platform is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of PEESAH under permitted use, unless otherwise stated.
The PEESAH does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In case, if you come across any abuse or violation of these terms, please report to support@peesah.ae
4. External Links on PEESAH Platform
(a) The Platform may contain links to, and media or other content from, third parties. (“External Links“). These links are to external resources and third parties that have their own privacy policies/regulation liability.
(b) PEESAH advises the User to visit the policies associated with such external link addresses.
(c) We shall not be liable in any way for any issues faced by the User in pursuance of clicking on such External Links on the Platform.
5. Access, Participation, and restrictions
(a) Access, Participation and Restrictions
The User shall have permission to access all the information related to the Platform available in the public domain, without any restrictions, apart from any such restrictions defined in the Privacy Policy/Terms of Use.
(b) Participation
If you choose to participate in the online lottery on the Platform, you must adhere to the specific lottery terms and conditions stipulated under the subscription/authorization agreement, along with the other policies of the Platform.
(c) Restrictions
(i) In case of minors, with the guidance of their guardians;
(ii) Downloading of any copyrighted, or trademarked information on the Platform unless otherwise authorized by PEESAH;
(iii) Uploading any information, of any nature, in any manner, on the Platform other than the information demanded by PEESAH, and the same is provided in the manner in which it was demanded.
(iv) Any act, which is opposed to public policies.
6. Limitation of liability
(a) To the fullest extent permitted by law, in no event shall PEESAH, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any
(i) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Our Platform;
(ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iii) any interruption or cessation of transmission to or from the Platform;
(iv) any bugs, cyber-attack, or the like, which may be transmitted to or through Our Platform by any third party; and/or
(v) any errors or omissions in any User content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Our Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not PEESAH is advised of the possibility of such damages.
(b) We understand, under certain jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, PEESAH limits its liability for any claims under those warranties or conditions to either supplying You the Platform again.
(c) You specifically acknowledge that PEESAH shall not be liable for User content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
7. Confidentiality
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PEESAH, its associated corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) Your use of and access to the Platform;
(ii) Your violation of any term of these Terms of Use;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that Your user content caused damage to a third party; or
(v) violation of any applicable laws.
This defence and indemnification obligation will survive these Terms of Use and Your use of the Platform.
8. User Conduct
(a) The User shall prohibit themselves from
(i) using Obscene or vulgar language;
(ii) submitting content/information that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(iii) submitting content that is intended to promote or incite violence;
(iv) impersonating other people, particularly employees and representatives of PEESAH or our affiliates;
(v) using the PEESAH Platform for unauthorised mass-communication such as “spam” or “junk mail”
(vi) violate these terms of use or any applicable laws, through any means by which Users identify themselves;
(b) The User shall
(i) make any or all submissions using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
(ii) acknowledge that PEESAH reserves the right to monitor any and all communications including but not limited to Chatbot, Email, Website Forms made to us or using our Platform.
9. Modifications and Amendments
PEESAH shall, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of PEESAH Platform post any modification of the Terms of Use shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
10. Termination
We may terminate your account in case of any breach of these Terms of Use, or/and Privacy Policy. We may also terminate your account in case of breach of any conditions under the applicable laws, or any illegal act/misconduct of the User of the Platform.
11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PEESAH, its affiliated corporation(s), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your user content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Use and Your use of the Platform
12. Force Majeure
We shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, fire, strikes, epidemics, civil unrest or riots, and/or power outage.
13. Severability
If for any reason whatsoever any provision of these Terms of Use is or becomes invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner.
14. Consumer Grievance
Contact Nodal officer at support@peesah.ae
15. Electronic Communication
When you visit Our Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Our Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
16. Governing Law and Jurisdiction
The Terms of Use are governed by and constructed in accordance with the laws of UAE without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located at UAE.