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Privacy Policy

  1. AGREEMENT TO OUR PRIVACY POLICY
    1. 1.1 This privacy policy (Privacy Policy or Policy) together with our Terms, govern your access to and use of the Platform. By using the Platform, you agree to be bound by these policies, which supplement and are incorporated into our Terms. This Policy does not intend to override the Terms. Any terms, words, phrases which are not defined in the Policy shall have the same meanings as ascribed to them in the Terms.
    2. 1.2 When you visit our website (namely www.batalgaming.com) or Platform, and more generally, participate in any of the tournaments, or contests available through our Platform, we appreciate you trusting us with your personal information. Personal information includes any information which may, by itself, or in collaboration with other information be able to identify you. We take your privacy very seriously; and so this Policy as amended from time to time sets out how Batal Gaming FZ-LLC (Company, we, us or our) collects, processes, uses, maintains, stores, transfers, discloses, erases or destroys your confidential and personally identifiable user data, obtained from and through the Platform and related services offerings, via the Platform. The specific data points which we collect from you are explained below in this Policy. We are committed to protecting your (user, you or your) personal information and right to privacy.
  2. CHANGES TO THIS PRIVACY POLICY
    1. 2.1 From time to time, we may revise, amend or supplement this Policy to reflect necessary changes in law, our personal data collection and usage practices, the features of our Platform, or certain advances in technology. If any material changes are made to this Policy, the changes may be prominently posted on the relevant or affected Platform. However, this is not obligatory for us; the onus is on you to occasionally familiarize yourself with the contents of this Policy, for your own information; and particularly to do so every time you access our Platforms or make use of our services.
    2. 2.2 Changes to this Policy are effective when they are published.
  3. DATA PROCESSING PRINCIPLES FOLLOWED
    1. 3.1 Users’ data collected and processed is done so in accordance with the relevant principles, including: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality (security) and accountability; with all relevant laws and regulations considered; and however applicable.
  4. CONSENT FOR LEGAL OBLIGATIONS AND LEGITIMATE INTERESTS
    1. 4.1 You provide consent to your personal data (whether provided directly by you, whether collected by us, or received by us from third parties or otherwise) being processed to satisfy all legal obligations arising from any contracts entered into/ with/ involving you or to deliver any services to you; or to take steps at your request prior to entering into a contract with you; or for our legitimate interests to protect our property, rights or safety of either the Company, its users, customers, clients, other persons or other entities.
    2. 4.2 The specific data points which we collect, the method by which we collect such data, the purposes for which we collect such data, how we share such data, and how long we retain such data is explained individually, specifically for your specific, informed and unambiguous consent below in this Policy.
  5. THE DATA WE COLLECT
    1. 5.1 The information you provide, or which we obtain from other sources will be used by us, in accordance with this Policy, read in conjunction with our other policies and the applicable laws. The table below specifies which data points we collect, by what method and for what purposes.

      Platform Data Collection

      S. No.

      What Data We Collect

      How We Collect Data

      Why We Collect Data

      1.       

      a.       First name; 

      b.      Family name (including any personal information about your race or ethnicity, religious or philosophical beliefs, political opinions, gender, trade union membership, information which may be revealed from the same);

      c.       Phone number; 

      d.      Email ID; 

      e.       Gender;

      f.       Date of birth;

      g.      Country and City of Residence;

      h.      Profile Picture;

      i.       Emirates ID;

      j.       Passport;

      k.      Billing address; 

      l.       Debit/Credit card number, wallet identification details, wire payment identification details, International Bank Account Number, Bank name, Account Number, SWIFT Code; 

      m.     Payment instrument number; 

      n.      Transaction data which includes details about payments to and from you and other details of products and services you have purchased from us;

      o.      Security code associated with your payment instrument;

      p.      Platform username; 

      q.      Platform password; 

      r.       Feedback and surveys; and

      s.       Marketing and communications preferences.

       

       

       

      a.      Users provide it directly to us when the users register for an Account. 

      b.      Users provide it directly to us when the users communicate with our agents/ customer care support staff and/ or administrative staff through the Platforms. 

      c.       Users provide it directly to us when they post messages, participate in online chat-rooms, enter tournaments, provide feedback, post comments etc. 

      d.      Users provide it directly to us when the users use the Platforms.

       

      Platform collects personal information for the purposes of:

      a.         Entering into and fulfilling our obligations under your contract with Platform, including in conjunction with personal information collected from authorised third parties.

      b.        Protecting our legitimate interests, where our doing so will not unduly affect your rights.

      c.         Facilitating the Account creation and management of Accounts, such as the communication of a one-time password (OTP) to verify the ownership of the e-mail address or the mobile number provided when your Account is created. 

      d.        Sending administrative information/ provide administrative support related to user activity, sent via e-mail or WhatsApp.

      e.         Requesting feedback on and respond to inquiries regarding our Platforms. 

      f.         Responding to enquiries/ customer support.

      g.        Marketing and promotional communications.

      h.        Administering rewards, pay-outs and conducting tournaments. 

      i.          Facilitating necessary agreements / partnerships with third party providers to continue providing the services.

      j.          Notifying you about important changes or updates to the services.

      k.        Contacting your over call or through messaging services.

      l.          Effectively conducting internal compliance checks and external compliance checks by certified vendors (where applicable).

      m.       Processing your payment if you make purchases. 

      n.        Fulfilling and manage users order (payments, returns and exchanges).

      o.        Rectifying any errors that you face when trying to access our services.

      p.        Maintaining security and operation of the Platforms.

      q.        Improving the quality of your user experience when you interact with the services.

      r.         Internal record keeping, analytics and reporting purposes. 

      s.         Analysing trends; to operate, administer and maintain the facilities; track users’ movements and activity around and within the Platform; gather demographic information about our user base as a whole, and better tailor our Platforms to our users’ needs.

      t.          Logging and using service-related diagnostic, usage and performance information on Platform’s servers.

      2.       

      a.      Information from linked accounts used to register an Account (including but not limited to gamertags, device or advertising identifiers, usernames, and similar identifiers linkable to a browser, device or account, which does not directly identify you); and

      b.      Personal information supplied by third-party entities (including governmental authorized entities, mandated entities or other users) and service providers / agents in the outsourcing our services, including, but not limited to third party identity verification sources and services.

      a.      We collect it from third party partners who have your consent to provide us this data, and if you have given us consent to collect such data.

      b.      We will gather information from third parties and service providers who you have authorized to collect, process and share your personal information with.

       

      The Platform collects this personal information for the purposes of:

      a.      Facilitating the Account creation and management of Accounts. 

      b.      Protecting our legitimate interests where our doing so will not unduly affect your rights.

       

    2. 5.2 Certain Services, such as one-time passcode (OTP) authentication may require collection, use, processing, transfer and storage of your phone number and possibly other data. We may associate that phone number to your mobile device identification information.
    3. 5.3 You undertake that all personal information provided to us by you is true, complete and accurate and you must notify us of any changes to such personal information.
    4. 5.4 We do not collect data about actual or alleged criminal offences.
  6. WE PROCESS AND USE AGGREGATED, ANONYMISED AND DE-IDENTIFIED DATA
    1. 6.1 We may also create, process, collect, use and share aggregated, anonymised or de-identified data such as statistical or demographic data for any purpose which may be derived from your personal data. We may use this data to comply with legal or regulatory obligations.
    2. 6.2 We may share your data with members of our group, service providers and our key partners. Some of these third parties may be in a jurisdiction outside the laws as stated in this Policy, in which case we will take all necessary steps to ensure that your personal information is treated securely and that such transfers are permitted under the applicable data protection laws.
    3. 6.3 We may also use any or all of the personal information above to administer and manage our business in general, to detect and prevent misuse of our services (including fraud and unauthorised payments), and to enforce our Terms or any other contract to which we may be a party to.
  7. YOUR REFUSAL, FAILURE, INABILITY TO PROVIDE US WITH NECESSARY PERSONAL INFORMATION
    1. If you fail, neglect and/ or refuse to, or are unable to provide us any personal information which we necessarily need to provide you with the services or the Platform, which we need to collect by law, we may not be able to provide you services through the Platform. In this case, we have the right to discontinue the provision of the Platform to you and/or close your Account. In such a situation, we will notify you at the earliest.
  8. WE DO NOT COLLECT PERSONAL INFORMATION OF MINORS WITHOUT PARENTAL SUPERVISION
    1. The Platform may be available to users below the age of 18 years, but only under parental supervision. For such users, we may collect some information about the minors, but we endeavour to collect minimal personal data of such users. For users below the age of 18 years, we try, on a best effort basis to collect the information of their legal guardian for all documentation, financial, security, and other operational purposes. By using the Platforms, you represent that you are at least 18 years or that you are using this Platform under the supervision of, and under the legal liability of your legal guardian, or that you are the legal guardian of such a minor and consent to such minor dependent’s use of the Platform. If we learn that the above stipulations are not met, then we, at our discretion may deactivate your Account and take reasonable measures to promptly delete such data from our records.
  9. WE MAY PROCESS SOME OF YOUR PERSONAL INFORMATION WITHOUT YOUR CONSENT
    1. We may collect and process some of your personal information without your knowledge or consent; and only where this is required or permitted by law. We may be compelled to surrender your personal information to legal authorities without your express consent, if presented with a court order or similar legal or administrative order, or as required or permitted by the laws, rules and regulations of any nation, state or other applicable jurisdiction.
  10. WE COLLECT YOUR DATA FOR MARKET RESEARCH AND PROMOTIONAL INFORMATION; YOU MAY OPT OUT FROM THIS
    1. We provided you with choices regarding the personal data we use, particularly concerning any market research and/or subsequent marketing, advertising and promotion. Towards this, we have established these personal information control mechanisms:
      1. Promotional offers from us: We may use your personal information to determine what may be of interest to you. This is how we decide which products, services, and offers may be relevant and of interest to you. By using our Platforms, registering an Account, contacting us, requesting information from us, you consent to receiving marketing communications from us. We may communicate with you by e-mail, fax or telephone.
      2. Opting out: can ask us or third parties to stop sending you marketing related material and/ or communications at any time by following the opt-out links on any marketing message sent to you or by contacting us info@batalgaming.com.
  11. WE MAY SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES
    1. We may have to share your personal information with a selected and trusted group of third party/parties to fulfil our obligations under our contract with you, to meet government, regulatory and law enforcement requests, and to continue providing you with the services. We will only disclose your personal information to third party service providers under strict terms of confidentiality. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
      We may have to share or transfer your personal information in the specific circumstances listed below:
      1. With your consent: We will share your personal information with companies, outside organisations or individuals, if we have your consent to do so.
      2. Applicable law, government requests, etc.: Where we are legally required to do so, we may disclose your personal information to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements), or where we find it is necessary to investigate, prevent or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved disclose your personal information. Additionally, we may disclose your personal information to enforce our Terms, or to protect the rights, safety, and security of the Company, our users, other persons or the public.
      3. Merger, acquisition etc.: In connection with, or during negotiations of, any merger, sale of Company assets, financing, acquisition of all or a portion of our business to another company, any dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset forming part of our good will. If another company acquires us, our business or assets, that company will possess the personal information collected by us and will assume the rights and obligations held by us regarding your personal information, as described in this Policy.
      4. Advertisements: Where we use third party advertising companies to serve ads when you visit or use the Platforms. These companies may use information about your visits to our Platforms and other Platforms that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you, provided you have consented to the same.
      5. Affiliates: We may share your personal information with our affiliates, in which case we will require those affiliates to honour this Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us – presently or in the future. We may share your information with our business partners to offer you certain products, services or promotions; and,
      6. With select third party vendors: In connection with the performance of our services, we may share your personal information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples of such third parties include payment processing, customer relationship management, data analysis, email delivery, hosting services, customer service, quality assurance testing, technical support, operational support and maintenance services and marketing efforts.
  12. LINKS TO THIRD-PARTY WEBSITES
    1. Our Platforms or communications may contain links to other third-party websites which are not owned or operated by us and are regulated by their own privacy policies. If you click on a third-party link, you will be directed to that third party’s platform. We strongly advise you to review the privacy policy of every platform you visit. We are not responsible for the privacy policies of these third-party websites, regardless of whether they were accessed using the links from our Platform. We have no control over and assume no liability for the content, privacy policies or practices of any third-party platforms or services.
  13. YOU HAVE RIGHTS AS TO YOUR PERSONAL INFORMATION
    1. Depending on the country in which you are resident you may have certain rights. These rights may include:
      1. Right to be informed: This means you have a right to know:
        1. The identity and the contact details of the Company;
        2. The purposes of the processing your personal information as well as the legal basis for the processing;
        3. The legitimate interests pursued by us or by a third party who processes your personal information;
        4. The recipients or categories of recipients of your personal information;
        5. Our intention to transfer your personal information to a third country or international organisation and the existence or absence of an adequacy decision by the relevant supervisory authority, or where applicable, reference to the appropriate safeguards and the means to obtain their copy.
        6. The period for which your personal information will be stored, or if that is not possible, the criteria used to determine that period;
        7. Whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obligated to provide the personal information and of the possible consequences of failure to provide such data;
        8. The existence of automated decision-making, including profiling and meaningful information about the logic involved.
        9. Where we intend to further process your personal information for a purpose other than that for which the personal information was collected for, we must apprise you, prior to such further processing, with information on those other purposes and with any other relevant information.
      2. Right of access: This is your right to see what personal information is held about you by us. Particularly you have the right to:
        1. Receive confirmation as to whether or not your personal information is being processed;
        2. Access your personal information which we are processing along with the purposes of processing; the categories of personal information being processed; the recipients or categories of recipient to whom the personal information has been or will be disclosed; the envisaged period for which the personal information will be stored, or, if not possible, the criteria used to determine that period; where the personal information are not collected from you, any available information as to their source.
        3. Where your personal information is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards relating to the transfer;
        4. A copy of your personal information being processed; and
        5. Any further copies requested by you, upon paying a reasonable fee.
      3. Right to rectification: This is your right to have your personal information corrected, rectified or amended, if what is held by us or a third party onboarded by us is incorrect/ inaccurate in some way.
      4. Right to erasure: This is your right, under certain circumstances to ask for your personal information to be deleted. This would apply if your personal information is no longer required for the purposes it was collected for, or your consent for the processing of that data has been expressly withdrawn, or where your personal information has been unlawfully processed. Once deleted all your personal data will be removed from our systems and will not be recoverable.
      5. Right to withdraw consent: If you wish for the Company to stop processing your personal information, it is your right to withdraw consent, preventing the Company from further processing the same personal information.
      6. Right to restrict processing: This is your right to ask for a temporary halt or pause in processing your personal data, such as in the case where a dispute or legal case must be concluded, or the data is being corrected.
      7. Right to data portability: This is your right to ask for your personal information supplied directly to us, which we have processed pursuant to your consent, under a contract, or by automated means, to be provided to you in a structured, commonly used, and machine-readable or electronic format.
      8. Right to object: This is your right to object to the further processing of your personal information which is inconsistent with the primary purpose for which it was collected, which includes profiling, automation and direct marketing.
      9. Rights in relation to automated decision making and profiling: This is your right not to be subject to a decision based solely on automated processing.

      Please note that whether or not you have these rights will depend on the domestic data protection laws of your country. You may want to consult with a legal advisor to better understand your personal data related rights in your jurisdiction.

      We aim to respond to all legitimate requests without undue delay and within 2 calendar months of receipt of any request from you. Occasionally it may take us longer than 2 calendar months, if your request is particularly complex, or if you have made duplicated or numerous requests. In this case, we will notify you of receipt of such request(s) and keep you updated as to the status of progress concerning such request(s).

      If you have any of these rights under your domestic data protection laws and wish to exercise any of them, please contact us at info@batalgaming.com. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This security measure is to ensure that your personal information is not disclosed to any person who has no right to receive it.

  14. HOW TO UPDATE YOUR INFORMATION
    1. Whenever possible, you can update your personal information, subject to verification by us. If you wish for us to update your personal information, please contact us at info@batalgaming.com, or proceed to amend the same in your Account on the Platform. We will retain your personal information for as long as your Account has not been closed or as may be needed to provide you access to your Account and/ or services, and in compliance with the law.
  15. DATA RETENTION AND RECORDS
    1. We retain information on your behalf, including customer data, transactional data and other session data, linked to your Account. Should any further information be required, please contact us at info@batalgaming.com.
    2. Your personal information will be stored, retained, and processed for no period longer than as required by us for the purposes it was collected for, for the purposes of using the Platform, and for meeting any legal, accounting, reporting, government, regulatory or law enforcement requirements. Unless required for any of the purposes specified above, we will delete personal information related to closed Accounts every 12 calendar months.
    3. To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
    4. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  16. WE COLLECT YOUR DATA FOR MARKET RESEARCH AND PROMOTIONAL INFORMATION; YOU MAY OPT OUT FROM THIS
    1. We provided you with choices regarding the personal data we use, particularly concerning any market research and/or subsequent marketing, advertising and promotion. Towards this, we have established these personal information control mechanisms:
      1. Promotional offers from us: We may use your personal information to determine what may be of interest to you. This is how we decide which products, services, and offers may be relevant and of interest to you. By using our Platforms, registering an Account, contacting us, requesting information from us, you consent to receiving marketing communications from us. We may communicate with you by e-mail, fax or telephone.
      2. Opting out: You can ask us or third parties to stop sending you marketing related material and/ or communications at any time by following the opt-out links on any marketing message sent to you or by contacting us info@batalgaming.com.
  17. DATA STORAGE AND DATA TRANSFERS
    1. Your personal information is stored and transferred in compliance with the applicable legislations or regulations of UAE.
    2. Some of the international organisations and countries to which your personal information may be transferred do not benefit from an appropriate data protection regulatory framework. For such international organisations and countries, we shall transfer your personal information, only upon ensuring that a suitable degree of protection is afforded to it through the implementation of the necessary safeguards, such as an adequacy decision by the relevant authority, adequate binding corporate rules or through the inclusion of standard contractual clauses in our agreements with such organisations and countries.
    3. TRANSFERS OF DATA TO THE UNITED STATES: We may transfer your personal data to the U.S. in order to perform our contract with you or to take steps requested by you in order to enter into a contract. For example, we may transfer your personal data to the U.S. for the purposes of creating your Account or providing our Services. We also may transfer your personal data to the U.S. where you have provided us with your explicit consent. Where we rely on your explicit consent, we will inform you of the purposes for which we require your personal data, as well as other supplementary information, at the point at which we obtain your personal data. Where you have provided your explicit consent, you have the right to withdraw the consent at any time by contacting us at info@batalgaming.com.
  18. HOW TO CLOSE YOUR USER ACCOUNT
    1. If you wish to close your Account, please use the relevant option within your Account on the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our Terms available at Terms & Conditions.
  19. SECURITY PRECAUTIONS AND MEASURES EXERCISED BY US FOR PROTECTION OF YOUR PERSONAL INFORMATION DATA
    1. We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use industry-standard technical mechanisms and ensure that our affiliates or vendor entities use data encryption technology while implementing restrictions related to the storage of and the ability to access your personal information.
    2. Our facilities are scanned on a regular basis for security holes and known vulnerabilities, to best ensure its security.
    3. Your personal information is contained behind secured networks and is only accessible by a limited number of individuals who have special access rights to such systems and are required to keep the information confidential.
    4. No guarantee
      1. Please note that no transmission over the Internet or any method of electronic storage can be guaranteed to be absolutely 100% secure, however, our best endeavours will be made to secure data and the ability to access your personal information.
      2. Without prejudice to our efforts on protection of your data, nothing contained in this Policy constitutes a warranty of security of the facilities, and you agree to transmit data at your own risk.
      3. Please note, that we do not guarantee that your data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
      4. Please, always check that any website on which you are asked for financial or payment information in relation to our Platform is in fact legitimately owned or operated by us. The risk of impersonating hackers exists and should be taken into account when using our Platform.
      5. If you do receive any suspicious communication of any kind or request, do not provide your information and report it us by contacting our offices immediately at info@batalgaming.com. Please also immediately notify us at support@batalgaming.com if you become aware of any unauthorised access to or use of your Account.
      6. Since we cannot guarantee against any loss, misuse, unauthorised acquisition, or alteration of your data, please take the necessary steps to protect your own personal information, including the adoption of sufficient safety measures such as your choosing of an appropriate password of sufficient length and complexity and to not reveal this password to any third parties.
      7. Furthermore, we cannot ensure and do not warrant the security or confidentiality of data transmitted to us, or sent and received from us by Internet or wireless connection, including: email, phone, WhatsApp or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your data is no longer secure, please contact us support@batalgaming.com.
      8. Should your personal information be breached, and the security of your rights be at high risk, we shall promptly and immediately communicate to you the nature of the breach which has taken place, the likely consequences of such a breach and shall describe thoroughly the measures we have implemented to address the breach and to mitigate any and all adverse effects to you and your rights. In the unlikely event of a breach occurring, please reach out to us at s support@batalgaming.com for further information and for further advise on how to mitigate the potential adverse effects of such a breach.
      9. We also aim to conduct all applicable security risk assessments to ensure the availability of risk mitigation controls, to better safeguard the integrity of your data.
  20. GENERAL
    1. In the case of abuse or breach of security, we are not responsible for any breach of security or for any actions of any third parties which receive the information illegally.
    2. We will not distribute customer information to be used in mailing lists, surveys, or any other purpose other than what is required to perform our services.
    3. If you choose to restrict the collection or use of your confidential and personal information, please stop using the Platform immediately.
  21. CONTACTING US
    1. If you have any questions about our Policy as outlined above, or if you have any complaints, please contact us at info@batalgaming.com.
    2. If you have any queries or issues pertaining to your information or our Policy or personal information, then please do write to us at any time by emailing us via info@batalgaming.com.

Terms and conditions

  1. AGREEMENT TO THE TERMS
    1. 1.1. Please read these Terms and Conditions (Agreement or Terms) carefully before using the Platform (defined below) as they stipulate your rights and obligations in relation to the Platform and the services provided thereunder. Your use or access of the Platform or the Account constitutes your consent to the Terms. Your use of and access to our Platform and/or Account are subject to the Terms. If you do not agree to comply with and be bound by these Terms, you must stop using our Platform immediately.
    2. 1.2. You hereby consent to the use of electronic communication to enter into agreements, contracts, make payments, and for other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed, electronically via the Platform. Furthermore, you waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records to the extent permitted by applicable mandatory law.
    3. 1.3. This document is an electronic agreement between you (User, you or your) and Batal Gaming FZ LLC (Company, we, us or our). It concerns your use of our Platform available under the name and style of ‘Batal Gaming’. The Platform is accessible through a web site (namely www.batalgaming.com) and mobile software application and/ or other interactive software platform that we offer, including any subdomain of www.batalgaming.com (hereinafter collectively referred as the Platform). The Platform is owned and operated by Batal Gaming FZ-LLC.
    4. 1.4. A User is any person who creates an Account on the Platform. No User will be able to use the Platform without registering an Account on the Platform.
    5. 1.5. By clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the Platform, or by creating an Account on the Platform, you agree to be bound by this Agreement, and our Privacy Policy available at Privacy Policy. We may modify these Terms of the Privacy Policy, any additional future rules, regulations, terms, and conditions from time to time at our sole discretion.
    6. 1.6. You agree and acknowledge that you have completely read and understood these Terms, and the Privacy Policy, and any other rules or policies available on the Platform including all other future modified terms and conditions and policies in relation to the Platform offered by the Company.
    7. 1.7. There may be specific rules, regulations, terms, and conditions which apply to specific tournaments, or contests offered through the Platform. By agreeing to these Terms, you agree to be bound by and abide by these terms and conditions, rules, and regulations.
    8. 1.8. If you are unwilling to agree to these Terms, or you do not have the right, power, and authority to act on behalf of and bind the business, organization, or other entity you represent, do not accept these Terms, and do not access or otherwise use the Platform.
    9. 1.9. You agree that we have the right to monitor the Platform and your use of the Platform to ensure and enforce compliance with the Terms.
    10. 1.10. Please note that these Terms shall prevail in the event of any conflict between these Terms and any other document incorporated by reference into this Agreement, except in case of a conflict between these Terms and any tournament specific rules and regulations, in which case the latter shall take precedence.
    11. 1.11. If these Terms or any of the Agreements are translated into or exhibited in another language, the English language version shall prevail in the event of any conflict between the translation and the English language version.
  2. CHANGES TO THIS AGREEMENT
    1. 2.1. We reserve the exclusive right to make changes to this Agreement from time to time, at our sole discretion. Your continued access to and use of the Platform after any such change constitutes your Agreement to be bound by specific terms of this Agreement posted or modified at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you access the Platform in any manner. Therefore, we encourage you to review this Agreement regularly as you shall be bound by it.
    2. 2.2. If within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated Terms, you must stop using the Platform immediately.
  3. ELIGIBILITY
    1. 3.1. You hereby represent and warrant that you are fully able and competent to agree to the Terms, and any conditions, obligations, affirmations, representations, and warranties outlined in these Terms and to abide by and comply with these Terms. By accessing our Platform, you are representing and warranting that:
      1. a) Age: You have attained the age of at least 18 years or the age of majority in your jurisdiction to access and use the Platform. If you are under the age of 18 years, or the relevant age in your jurisdiction, you undertake that you are using the Platform with the permission, under the liability, and under the supervision of your guardian. If you are below the age of 18 years, you undertake that you would buy Batal Coins or receive monetary rewards only through your guardians’ bank accounts.
      2. b) Legality: You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and in your jurisdiction. If your use of the Platform, or any functionality provided or activity enabled thereby, is prohibited or conflicts with the applicable law in your jurisdiction, you may not, under any circumstances or for any reason, use the Platform. Further, the onus is on you to ensure that you are not barred from using the Platform under the applicable law in your jurisdiction.
      3. c) Criteria: We may, at our sole discretion, refuse to offer the Platform to any person or entity and change the eligibility criteria for use thereof at any time.
      4. d) Proof of eligibility: We may at any time require any User to provide proof of eligibility to participate to continue to allow such User access to the Platform, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Platform. In addition, each User will be required to provide proper identification and proof of eligibility prior to receiving a prize/reward or the processing by us of any prize/reward request. Participants may, at their option, pre-register their identification at any time prior to submitting a prize/reward request. Failure to provide evidence of identification and/or eligibility satisfactory to us, in our sole and absolute discretion, shall result in the suspension and/or termination of the Account.
  4. SERVICE
    1. 4.1. Platform: The Platform enables Users to participate in tournaments organised by the Platform. All rules in relation to the tournament are determined by the Platform. The Platform shall create these tournaments for specified eSports such as Call of Duty, FIFA, Fortnite; this list of eSports may be expanded in the future. Please note that the Platform is not affiliated with, supported or maintained by, or is endorsed by, any of the publishers of the eSports for which it hosts tournaments on its Platform. Therefore, all intellectual property, content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
    2. 4.2. Batal Coins: To be able to participate in any tournament, the User must purchase Batal Coins against fiat currency. The purchase of Batal Coins against fiat currency shall be facilitated on the Platform by integrating with a third party payment processor. The Batal Coins shall not be redeemable for fiat currency and will only be used to participate in tournaments organised on the Platform. Batal Coins may also be provided as rewards to registered Users who win a Tournament.
    3. 4.3. Batal Points: The Platform may give Batal Points as a rewards to registered Users who win a tournament. These shall be used solely to determine a User’s position on the User leaderboard. They shall not be purchasable with fiat currency, and they shall not be redeemable for fiat currency. They shall not be exchangeable with any other store of value, either on the Platform, or outside it.
    4. 4.4. Wallets: Batal Coins shall be stored in a single-purpose closed loop wallet on the Platform (Coins Wallet). This Coins Wallet shall not be linked to any third party or merchant outside the Platform. The sole use and purpose of this Coins Wallet would be to store Batal Coins. In the future, the Platform may integrate with a third-party wallet service provider to facilitate the withdrawal of fiat rewards won by Users from the Platform into their bank accounts (Fiat Wallet). Please note that the Platform will not provide the service of providing, maintaining or operating the Fiat Wallet; it shall be used solely for the purposes of withdrawing the monetary rewards from the Platform to the User’s bank account. Further, please note that the Platform may pause, stop, withdraw the Fiat Wallet at any time.
  5. USER REGISTRATION AND ACCOUNT
    1. 5.1. Every User must register to the Platform and create an Account to gain complete access to the Platform (Account). A User without a registered Account may browse through the Platform but will not be allowed to use the Platform. Every User may be required to submit some information to create their profile on the Account.
    2. 5.2. Each User is only permitted to open one Account. We reserve the right to refuse, terminate or suspend any duplicate Accounts. You agree and acknowledge that decision of the Company in this regard shall be final.
    3. 5.3. You should not allow other Users to access your Account or yourself use their Accounts to access the Platform. If we identify a User accessing the Platform through multiple Accounts, we reserve the right to restrict such User’s access and ban all such Accounts.
    4. 5.4. The Platform should not be used for any unlawful, illegal, purpose or fraud by any User by any means. Any such activity shall attract required action, including termination of the Agreement and legal action at the User’s cost.
    5. 5.5. The Users agree to maintain the confidentiality of their Account credentials. They further agree not to hold us for any loss of information or any financial loss or inconvenience occurring due to misuse of their Account credentials.
    6. 5.6. You accept to inform the Platform authorities immediately in case of any confidentiality breach at your end, as soon as possible.
    7. 5.7. You agree that if an Account is found inactive for a continuous period of 2 years, then we reserve the right to terminate or suspend such Account.
    8. 5.8. You agree and acknowledge that you must provide accurate, current, and complete information true to your knowledge, while creating the Account.
    9. 5.9. You acknowledge that your participation in any contest available on the Platform is purely voluntary and at your sole discretion and risk.
    10. 5.10. As the holder of your Account, you are solely responsible for all obligations and, assuming compliance with these Terms, are entitled to all benefits accruing thereto. Your Account is not transferable to any other person. All activities undertaken under a member’s Account will be deemed to have been done by that member.
  6. USERNAMES
    1. 6.1. When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Services, including, without limitation, usernames, you must abide by the following guidelines as well as the rules of common decency. If we find a username for any type of Account to be offensive or improper or believe a username to be illegal, we may, in our sole and absolute discretion, refuse to grant you the username, change the username, remove the username, and/or suspend or terminate your Account. In particular, you may not use any username:
      1. a. Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious;
      2. b. That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
      3. c. That is subject to the rights of any other person or entity without written authorization from that person or entity;
      4. d. That belongs to a popular culture figure, celebrity or media personality;
      5. e. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
      6. f. Belonging to any religious figure or deity;
      7. g. Related to drugs, sex, alcohol, or criminal activity;
      8. h. Comprised of partial or complete sentences (e.g., “trollu4fun”);
      9. i. Comprised of gibberish (e.g., “fdsjmfidszx”);
      10. j. Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or
      11. k. Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).
  7. GRANT OF ACCESS TO THE PLATFORM
    1. 7.1. We hold all the rights to ban, restrict or terminate the Accounts of any person breaching these Terms.
    2. 7.2. Every contest provided on the Platform is bound by certain rules for scoring, control, guidelines, amongst other things. Such rules are integral to and part of these Terms.
    3. 7.3. You undertake to update and install any new version of the Platform (if downloaded on a device used by you to access the Platform) promptly and immediately, as soon as we convey such information or requirement to you. These new versions may contain security fixes and improvements. Accordingly, failure to promptly update your version of the Platform may expose you to increased security risks or service malfunctions.
    4. 7.4. We may include advertisements targeting specific content or information on the Platform. The type and extent of advertisements are subject to change by us.
  8. CONDITIONS FOR USING THE PLATFORM; USER CONTENT
    1. 8.1. We may at our sole discretion, disqualify you, refuse to reward you, if you, alone or in collaboration with another User engage, in the opinion of the Company, in any conduct that is contrary to the fair treatment of other Users of the Platform.
    2. 8.2. The Company reserves the right to suspend, modify, remove and/or add any feature of the Platform in the Company’s sole discretion with immediate effect and without notice. The Company shall not be liable for any such action.
    3. 8.3. The Platform may invite you to chat, share or participate in blogs, message boards, online forums, social networks and other such platforms and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to or via the Platform, including without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any such material you transmit to or via the Platform will be treated as non-confidential and non-proprietary. In case of personal data and information, or personally identifiable information, it is your responsibility to secure affirmative, explicit consent from the person whose data is being shared or transmitted by you.
    4. 8.4. You are and will remain solely responsible to ensure the veracity, and morality (as explained in the sub-section below) of all communications, feedback, complaints, images, videos, sounds, content, databases or parts thereof, content and any other materials or information that you upload or transmit through the Platform, including without limitation any text, voice transmissions or recordings, or gameplay clips (User Content).
    5. 8.5. You represent and warrant that the User Content that you post or transmit will not:
      1. a) Infringe the copyright, trademark, database, or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Platform and that the User Content does not violate any applicable laws, the terms, or any third party’s rights of privacy or publicity;
      2. b) Promote any unauthorized sweepstakes or contest; and will not promote a lottery or gambling of any type;
      3. c) Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
      4. d) Prevent or impede other Users from finding information related to the Platform; and
      5. e) Facilitate or promote conduct that, in our sole discretion, involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behaviour due to alcohol or drug consumption (such as drinking and driving).
    6. 8.6. You acknowledge and agree that we may (but are not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Platform. We may, without prior notice to you and in our sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed on your device when you access the Platform. Unless required by law, we assume no liability for any failure to remove or any delay in removing User Content and do not assume any responsibility or liability for the use and/or storage of User Content.
    7. 8.7. You hereby grant us a royalty-free, perpetual, irrevocable, fully transferable and sub-licensable, non-exclusive, worldwide right and license to use User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to the Company and other players’ use and enjoyment of User Content in connection with the Platform. The license granted to us, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.
    8. 8.8. You agree that the Platform may display your Username, gameplay data and statistics, tournament records and any other information that regarding your activity. By registering an Account and/or accepting any reward from the Platform, you agree to allow the Platform to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
    9. 8.9. The Company may wish to use the name and image of winners for promotional, marketing and publicity purposes in all media worldwide. By agreeing to these Terms, you permit the Company to use your image and name.
  9. USER CONDUCT TERMS
    1. 9.1. In your use of the Platform, you agree not to:
      1. a) Reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual without their consent;
      2. b) Mislead others as to the origins of your communications;
      3. c) Attempt to impersonate any other party;
      4. d) Harass, stalk, threaten, or otherwise violate any legal rights of any other User of the Platform by any means;
      5. e) Transmit virus-contaminated or corrupt files or any other similar software or programs that may damage or negatively affect the Platform, any software, hardware, or telecommunications equipment of the Platform, or any User’s use of the Platform;
      6. f) Advertise, offer or sell any goods or services, or attempt to raise funds for any purpose on the Platform;
      7. g) Represent any other activity deemed by the Company to be in conflict with the spirit or intent of the contests;
      8. h) Copy or adapt the Platform’s software;
      9. i) Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Platform creates;
      10. j) Create adaptations of the Platform or derivate works based on the Platform;
      11. k) Cover or obscure any notice, banner or advertisement on the Platform; or
      12. l) Act in any other way that the Company may consider as harmful to the Platform or other Users in its sole and absolute discretion.
    2. 9.2. Any attempt by a User or any other individual to deliberately damage, interfere with or alter the Platform, or any part of it, is a violation of criminal and/or civil laws and should such attempt be made, the Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Additionally, the Company will forfeit all rewards, bonuses etc.
  10. VIOLATION OF TERMS AND ABUSE LIABILITY
    1. 10.1. Any User who displays behavior which may be interpreted as using unfair methods on the Platform, including but not limited to, the opening and/or use of multiple Accounts, using unauthorized or altered software or hardware to assist play, intentionally poor play in certain games to achieve a broader competitive advantage (i.e. sandbagging), harassment of other participants, posting of objectionable User Content, any breach of these Terms, or any breach or attempted breach of the security of your Account or the Platform, shall be subject to immediate sanction (as determined by us in our sole discretion), up to and including Account termination and blocking of Platform access and, in the case of any other illegal activity, disclosure to the appropriate authorities, and legal action at the sole discretion of the Company.
  11. DETERMINATION OF WINNERS
    1. 11.1. The results and winners of each tournament offered through and organised on the Platform will be determined by the Company, and such determinations are final. By registering and/ or participating in any tournament or competition, you agree to be bound by these determinations.
  12. 12. GAME PLAY
    1. 12.1. The Platform is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your console/ device or any incorrect or inaccurate results that may be posted about your game. You may not:
      1. a) Gain unauthorized access to the Platform’s systems or an Account (other than your own), interfere with the communications, procedures, or performance of the Platform or deliberately damage or undermine the Platform;
      2. b) Affect the outcome of your online game play on your console/ device by means of or with the assistance of automatic, macro, bots, automated programs, screen analysis utilities, any type of mods, memory readers, alien technology or similar methods or to otherwise commit fraud in relation to the Platform; or
      3. c) Alter the human skill component of any game played on your console/ device. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your Account and forfeiture of all benefits (free or paid), bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution.
    2. 12.2. The Platform in its sole discretion reserves the right to terminate any User’s Account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek criminal and/or civil prosecution to the greatest extent possible.
    3. 12.3. A wide variety of tournaments are held on the Platform for various digital games, including but not limited to, licenced games. The Company grants limited usage licence to User(s) to take part in such tournament(s) offered by the Platform.
    4. 12.4. The tournaments are bracket type tournaments. In a bracket type tournament, Users go head-to-head against their opponents, with the winner advancing to the next round; according to their scheduled bracket available on the tournament page on the Platform.
    5. 12.5. Check-in is mandatory to be followed by every participating User for every tournament/ match in a tournament. Sufficient time is provided for the participant(s) before the match round start time, under which User(s) can check-in for the tournament match round on the specific tournament page on the Platform. Failure in checking-in in the given time window will result in an automatic loss. The Platform will not be held liable for participant’s disqualification resulting from failure to check-in.
    6. 12.6. The tournament(s) across the Platform shall, in addition to the Terms, rules and regulations mentioned herein, be governed by tournament specific rules as will be specified on the relevant tournament’s page on the Platform.
    7. 12.7. The number of Users required to make the tournament operational, unless specified otherwise in the rules of the tournament, will be 80% of the prescribed strength of the tournament and if the number of Users in such tournament equals this number, such tournament shall be operational. In case the number of Users is less than the pre-specified number at the time of commencement of the match, such tournament will not be operational, and shall be cancelled.
  13. SUBSCRIPTIONS; PAYMENTS
    1. 13.1. Account holders may access the Platform by any of our several subscriptions:
      1. a) Free service: a free-of-charge service limited to a certain amount of features and/or events; or
      2. b) Premium service: a subscription fee-based service that gives access to all available premium benefits. The premium service may be provided/ discontinued at the sole discretion of the Platform.
    2. 13.2. You acknowledge and agree that all information you provide with regards to a subscription, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue any subscription, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any User to purchase a subscription.
  14. TRIALS
    1. 14.1. From time to time, we may offer trials of the premium service for a specified period without payment (Trial). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
    2. 14.2. For some Trials, way may require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the premium service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your subscription to the free service through your Account settings before the end of the Trial.
  15. SKILL GAME; NON-GAMBLING
    1. 15.1. Each User acknowledges that the outcome of the tournament offered on the Platform is directly related to the skill levels of each person participating. The Company does not comment or have knowledge of the probability of one User winning a tournament and makes no representations about an individual’s chances of winning.
    2. 15.2. No gambling is allowed within the Platform.
    3. 15.3. The Platform may, from time to time, enable you to accumulate points, status, rewards, badges, or awards. The results and winners of each tournament and any awards in connection therewith offered on the Platform will be determined by Company, and such determinations are final and binding. By registering and/or participating in any tournament, you agree to be bound by these determinations.
    4. 15.4. To avoid any dispute regarding the outcome of a tournament, we request that Users provide additional evidence, including but not limited to photo or video evidence of tournament results by means of the Platform. If you believe there has been a mistake with respect to any distribution of winnings or withdrawals from your Account, please email us at support@batalgaming.com. We reserve the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, we may automatically deduct such winnings from your Account upon discovery of such error.
  16. REWARDS
    1. 16.1. The Company endeavours to reward top performers in any tournament organised on the Platform. Such rewards will be available at the discretion of the Company and in accordance with criteria set by it. The Company reserves the right to alter and amend the rewards or the criteria for winning rewards, at its sole discretion.
    2. 16.2. The amount of rewards shall be specified before a User registers for a tournament, and shall be payable by the Company.
    3. 16.3. Rewards are not transferable and are non-exchangeable.
    4. 16.4. Once a tournament held on the Platform is finished, the best performers may be rewarded for their skill. If given, these monetary rewards will be credited directly to the mode of payment chosen by the User. The modes of payment may include direct bank transfers, wallet transfers, cash outs using the Fiat Wallet (if available), and other modes which may be integrated in the future.
    5. 16.5. It is the User’s sole responsibility to provide accurate and complete information required to perform a withdrawal operation of the monetary reward. The Company may verify and query such User provided information by cross-checking it with multiple databases before performing the reward transfer. The Company may hold or refrain from transferring any amount to a User if, for any reason, the User’s data matches entries on blacklists, anti-money laundry lists, anti-terror list or any other compliance related list. A second compliance verification may be performed by banks or other institution that is involved in the money transfer transaction.
    6. 16.6. If the User is below the age of 18 years, the User undertakes that they withdraw the rewards into their guardians’ bank account(s).
    7. 16.7. Withdrawal and currency will be decided by Company and communicated within the Platform. The Company may allow the Users to select their preferred cash out currency.
    8. 16.8. Users will be responsible for pay the fees, costs, commissions, or any sort of transaction fees that might be applied by payment gateway or other institution involved in the transfer transaction.
  17. REWARD REQUESTS
    1. 17.1. Users may request rewards they have been awarded at any time. Reward processing will be suspended for security purposes when Account fraud is suspected. If you are not contacted by customer support within ten (10) business days from the reward request, please contact customer support at support@batalgaming.com. Your rewards are awarded to you in their entirety, and all state and local taxes due in connection with any prizes awarded to you are your sole liability.
  18. CURRENCY
    1. 18.1. All references to dollars or “$” on the Platform are references to U.S. dollars (USD). All references to USD on the Platform are references to Arab Emirate Dirhams. All transactions will be denominated in U.S. dollars (“$”) or Arab Emirate Dirhams (USD) unless otherwise expressly stated. If you make a subscription payment that is denominated in a currency other than USD or USD, please be aware that the funds will be converted into USD or USD by our payment processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that payment processors or your financial institution may use different conversion rates for subscription and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.
  19. PAYMENTS, REFUNDS AND CANCELLATION
    1. 19.1. If we are providing a premium subscription at the time, and you have purchased the same, and if you change your mind about a subscription purchase, you may ask to receive a refund within fourteen (14) days of purchase, but only if you have not logged in or otherwise redeemed or started to consume the subscription. Receiving a refund will be solely at the discretion of the Company and you do not have a legal right to the refund.
    2. 19.2. If you have a paid subscription, your payment to us will automatically renew at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
    3. 19.3. We may change the price for the paid subscriptions from time to time and will communicate any price changes to you. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use our Platform after the price change takes effect, you accept the new price.
  20. THIRD-PARTY SERVICES, CONTENT, AND NETWORKS
    1. 20.1. The Platform may be made available to you with the assistance of, or through, third-party services, and may link to or include third-party services or content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services or content. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the services. Use of any third-party services or content is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will we be responsible or liable in connection with your reliance on or use of third-party services or content.
    2. 20.2. When using our services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Platform, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Platform.
  21. INTELLECTUAL PROPERTY RIGHTS
    1. 21.1. By registering for an Account and/or participating in any tournament offered on the Platform, you acknowledge that all information contained on the Platform is protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Company or the Platform or by its Users or by their licensors.
    2. 21.2. No content on the Platform, including User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Platform.
    3. 21.3. The Platform neither warrants nor represents that your use of content displayed on the Platform will not infringe rights of third parties. While the Platform uses reasonable efforts to include accurate and up-to-date information, the Platform makes no warranties or representations as to its accuracy. The Platform assumes no liability or responsibility for any errors or omissions in the content of the Platform.
    4. 21.4. Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and the content thereon and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish any content on the Platform on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods.
    5. 21.5. Any use of the Platform or the content thereon other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.
    6. 21.6. Any communication or material you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Platform or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, promotion, marketing and posting. Furthermore, the Platform is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Platform for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
  22. ACCOUNT CLOSURE
    1. 22.1. You are entitled to close your Account at any time by contacting customer support at support@batalgaming.com. We will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected. We are entitled to terminate these Terms immediately on notice (or attempted notice) to you at the email address you have provided.
  23. FORCE MAJEURE
    1. 23.1. If an event outside our control happens that affects our services, then we may:
      1. a) update and change the Platform; or
      2. b) suspend or withdraw or restrict the availability of all or any part of our Platform for business, operational or regulatory reasons or because of a force majeure event at no notice.
    2. 23.2. A ‘force majeure’ event shall mean any event, circumstance or cause beyond our reasonable control, which prevents, hinders or delays the provision of the Platform or makes its provision impossible or onerous, including, without limitation: (1) acts of god, flood, storm, drought, earthquake or other natural disaster; (2) epidemic or pandemic (for the avoidance of doubt, including the coronavirus pandemic); (3) terrorist attack, hacking or cyber threats, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (4) equipment or software malfunction or bugs, phishing attacks, distributed denials of service or any other security attacks; (5) nuclear, chemical or biological contamination; (6) any law statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees or any action taken by a government or public authority, including without limitation imposing a prohibition, or failing to grant a necessary licence or consent; (7) collapse of buildings, breakdown of plant or machinery, fire, explosion or accident; and (8) strike, industrial action or lockout.
  24. DISPUTE RESOLUTION
    1. 24.1. You can directly escalate any grievance to our management team at support@batalgaming.com.
    2. 24.2. Subject to the clauses below, the courts of competent jurisdiction at the Abu Dhabi, United Arab Emirates shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform, as well as have exclusive jurisdiction to grant interim or preliminary relief. All such issues and questions shall be governed and construed in accordance with the laws of the jurisdiction of the Emirate of Abu Dhabi, United Arab Emirates. Notwithstanding the above, we retain the right to bring proceedings against you for any threatened or actual breach of these Terms in your country of residence, registration or business or any other relevant country. By registering for an Account and/or participating in any tournament offered on the Platform, you agree that any dispute that cannot be resolved between us shall be resolved individually, without resort to any form of class action.
    3. 24.3. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide written notification to the other party. On receipt of notification, the parties shall first try to resolve the dispute through mutual discussions within 45 days of receipt of notification.
  25. GEOGRAPHIC RESTRICTIONS
    1. Access to the Platform may not be legal by certain persons or in certain countries. You accept sole responsibility for determining whether your use of the Platform is legal in the country/region where you live and/or in any country/region where you log on to use the Platform. If you access the Platform from outside the permissible jurisdictions, you do so on your own initiative and risk and are responsible for compliance with local laws. The availability of the Platform does not construe an offer or invitation by us to use the Platform if you reside in a country or region in which such use is currently forbidden by law, or within any jurisdiction where Company, in its sole discretion, elects not to offer the Platform. The Company shall not be responsible for any illegal or unauthorized use of the Platform(s) by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Platform under the laws of any jurisdiction that applies to you. You acknowledge that certain countries/ jurisdictions have laws regarding eSports tournaments that may prevent Company from awarding you with a reward. If you are a high performer and this happens to be the case with your country/ jurisdiction, you acknowledge that you may not be able to receive any reward at all from Company.
  26. DISCLAIMER OF WARRANTIES
    1. 26.1. While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites and platforms, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
    2. 26.2. The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose.
    3. 26.3. The Company web sites and all materials, information, products and services included in the Company web sites, are provided “as is,” with no warranties expressed or implied. The Company expressly disclaims, to the fullest extent permitted by law, all express/implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The Company disclaims any warranties regarding the security, reliability, timeliness, and performance of the Company web sites. The Company disclaims any warranties for any information or advice obtained through the Company web sites. The Company disclaims any warranties for services or products received through or advertised on the Company web sites or received through any links provided by the Company web sites as well as for any information or advice received through any links or any User contributions provided to the Company web sites.
    4. 26.4. The User understands and agrees that they download or otherwise obtain material or data through the use of the Company web sites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
    5. 26.5. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases. The User may also have other rights that vary from jurisdiction to jurisdiction.
    6. 26.6. The Company and its web sites are not responsible or liable for content posted by Users, third parties, actions of any third party or for any damage to, or virus that may infect, a User’s computer equipment or other property.
  27. LIMITATION OF LIABILITY
    1. 27.1. You agree that we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Platform; (ii) the cost of getting substitute goods and services as a result of using any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the Platform; or (v) any other matter relating to the Platform. If, notwithstanding the other provisions of these terms and conditions, we are found to be liable to you for any damage or loss which arise out of or is any way connected to your use of the Platform, our liability shall in no event exceed the greater of (i) the total of any game or similar fees with respect to any payment or feature of the Platform paid in the six months prior to the date of the initial claim made against us; or (ii) USD $100.00.
  28. INDEMNIFICATION
    1. 28.1. By registering and/or participating in the Platform, you agree to indemnify, defend, and hold harmless the Platform, the Company, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Platform (including without limitation use of your Account, whether or not authorized by you). We retain the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases you agree to cooperate with us to defend any such claim. You will not settle any claim covered by this section without our prior written approval.
  29. GENERAL INFORMATION
    1. 29.1. ENTIRE AGREEMENT
      These Terms (and any additional terms, rules and conditions of participation in particular tournaments that the Company may post on the Platform) constitute the entire Agreement between you and us and supersedes any prior agreements, oral or written, between you and the Company.
    2. 29.2. WAIVER AND SEVERABILITY OF TERMS
      The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the said section, and the other sections of the Terms will remain in full force and effect. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
    3. 29.3. STATUTE OF LIMITATIONS
      You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one 1 after such claim or cause of action arose or be forever barred.
    4. 29.4. SECTION TITLES
      The section titles in the Terms are for convenience only and have no legal or contractual effect.
    5. 29.5. ASSIGNMENT
      This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the Company’s prior written consent. The Company may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this section shall be null and void.
    6. 29.6. COMMUNICATIONS
      Users with questions, complaints, or claims regarding the Platform(s) may contact us at info@batalgaming.com. Further, the User acknowledges that we may use the contact information provided by the User, in the present or at a future date, to communicate with the User and provide their information, or verify their identity, or for any other purpose as required by the Platform.