"xmas" للحصول على خصم 30٪ على مجموعة اللعب الأولى استخد كود الحسم "xmas" احتفل بالموسم بخصم 30٪ على مجموعة اللعب الأولى. استخدم الكود

Terms of service

The products and services that feature on Montiplay are offered to you by montiplay.com. Montiplay.com is a registered company in Abu Dhabi Global Market, United Arab Emirates and is governed according to English Common law.


Montiplay.com (the “Site”) is owned and operated by Montiplay, LTD. (“Montiplay”). Please carefully read these Terms of Use (“TOU”) as they may have changed since your last visit to the Site. Continued use

Terms and Conditions

Montiplay.com and the Montiplay mobile application (the “Site”) is owned and operated by Montiplay LTD. (“Montiplay”).

Please carefully read these terms of use (“TOU”) as they may have changed since your last visit to the Site. Use of the Site indicates your understanding and acceptance these TOU, including any changes made to these TOU since your last visit to the Site.

Acceptance of Terms of Use

By using the Site, subscribing to Montiplay’s communication database, purchasing Montiplay products and/or services, downloading, copying, accessing, or using any content or materials on the Site you indicate your understanding and acceptance of these TOU. If you do not accept these TOU, do not use the Site or purchase any of Montiplay’s Products or Services.

Privacy Policy

Montiplay takes the privacy of its customers very seriously. For more information on how we use and protect your personal information, please visit Montiplay’s Privacy Policy, which should be read in conjunction with these TOU.

Services and Products

Montiplay offers various services, which may include, but are not limited to guides, videos, events, newsletters, and webinars (the “Services”). Montiplay also offers various products, including toys selected for your child’s developmental stages (the “Products”).

Site License and use of Products and Services

Subject to compliance with these TOU, Montiplay grants you a limited, revocable, non-exclusive license to use the Site and utilize the Services and Products so long as: (i) you are eighteen (18) years of age or older (ii) you are not barred from receiving the Products and Services offered under the laws of the United Arab Emirates (iii) you carefully read, familiarise yourself with and follow all instructions, guidance and warnings in relation to the use of the Products and Services and any information on the Site (iiii) you supervise your child at all times when using the Products and Services.   

Your information

In order to access or use the Services or Products, you must provide current and accurate information as requested on the Site from time to time. You will be responsible for maintaining the accuracy and completeness of such information.

Termination

Montiplay may, at any time, revoke your access to the Services, the Site or from purchasing further Products for any reason in its sole discretion, including, but not limited to, if Montiplay believes that you are in breach of these TOU, or any applicable laws.

Upon any termination or expiration of Services or of any Product subscription all rights granted under these TOU cease. In such event you must cease any further use of the Services and (if applicable) the Site.

Payment

Charges for Montiplay Services and Products are set out on the Site.  To avail of the Products and certain Services, you must provide Montiplay, and/or a third party payment gateway working on behalf of Montiplay, with your payment card information.

By providing your payment card information you represent that: (i) that you are authorized to use the payment method that you provided (ii) that any payment information you provide is true and accurate and (iii) that you authorize Montiplay or a third party to charge you for the Products and/or Services. Any third party website used to facilitate the processing of payments is subject to its own terms of use and privacy policy and you should review the terms of use and privacy policy of that third party website before providing personal information.

If Montiplay does not receive payment from your card issuer, you agree to pay Montiplay all amounts due immediately upon demand.

In order to continue receiving the benefits of the Products and Services, you must pay all charges in full as they are due, including any relevant taxes. If your credit card is declined or you otherwise fail to pay the subscription fee in full, Montiplay reserves the right to suspend your access to the Products, Services and (if applicable) the Site.

Prices are subject to change at any time.

Orders

If you have ordered a Product or Service, the applicable fee will be charged to the payment card number you provided on or about the date of the order. You may cancel any pre-order for a full refund at any time prior to shipment. If you wish to cancel a pre-ordered Product or Service after this period, the Refund and Exchange policy below shall apply.

Refund and Exchange Policy

If any item arrives damaged or is otherwise defective, Montiplay will replace it at no cost to you provided that you provide notice and a photo of the damage or defect and request a replacement from Montiplay within thirty (30) days of receipt of the item.

Please contact us at help@montiplay.com for return shipping instructions and for additional information about refunds or exchanges.

Any final decision to exchange or refund Products is in Montiplay’s absolute discretion and will be subject to a full inspection of the Products prior to a decision being made, or any refund or exchange being processed.

Automatic Renewal and Cancellation

By enrolling in a subscription service with Montiplay, you agree and authorize that the day after the end of your current subscription (“Renewal Date”), your subscription fee will be charged to the payment card number you provide unless and until you cancel prior to the Renewal Date as set forth in the cancellation policy below (“Cancellation Policy”).

To cancel a recurring subscription you must provide Montiplay with written notice no later than 48 hours before 12:00 PM (Noon) Gulf Standard Time on your Renewal Date by emailing Montiplay at customercare@montiplay.com.

If your order has begun being processed before you cancel, you will receive the processed Product shipment, or Service delivery and it will be the last you receive.  

If you fail to cancel by the Renewal Date in line with Montiplay’s Cancellation Policy you till be charged a subscription fee to cover the next subscription fee as set out on the Site and any applicable taxes.

Delivery Dates

Any dates quoted for delivery of the Products and Services are approximate only, and the time of delivery is not of the essence.

Changes to the Price and to the Subscription Service

Montiplay reserves the right, in its sole and absolute discretion and at any time, to adjust pricing for the Products and Services, or any components thereof and to modify or discontinue the Products, Service or the Site at any time and in any manner, with or without notice to you.

Montiplay will not be liable to you or any third party should we exercise our right to modify or discontinue the Products, Services or the Site. If you object to any such changes, your sole recourse will be to cease access to the Products, Services or Site (as applicable). Continued access to the Products, Services or Site following notice of any such changes will indicate your acknowledgement of such changes.

Links to Other Websites

The Site may display content from or links to websites provided by third parties. These may include but are not limited to advertisements and solicitations to purchase products or services. You acknowledge that: (1) Montiplay does not endorse the content or services described in any linked third party websites (2) Montiplay does not control these third party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites (3) Montiplay is not responsible or liable for any losses or damages you experience with any third party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you.

 If you decide to access any linked third-party website, you do so at your own risk. You should refer to the separate terms of use, privacy policies, and other rules posted on third party websites before you use them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Montiplay’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Montiplay has the right to disable any user identification code or password, whether chosen by you or allocated by Montiplay, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these TOU.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Montiplay at customercare@montiplay.com.

Montiplay’s Copyright

Montiplay is the owner or the licensee of all intellectual property rights on the Site, and in the material published on it.  Those works are protected by copyright laws. All such rights are reserved.

Montiplay’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from Montiplay or its licensors.

Compliance with Laws

By accessing or using the Site, the Products and Services you agree to comply with all relevant laws, rules and regulations in place from time to time.

The Site is intended for use by residents of the United Arab Emirates. Montiplay makes no representation that the content on the Site is appropriate for available for use outside the United Arab Emirates. If you have chosen to access the Site from outside the United Arab Emirates, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Do not rely on information on this Site

The content on the Site, or otherwise provided by Montiplay is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site, or otherwise provided by Montiplay.

Although Montiplay makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Site, or otherwise provided by Montiplay is accurate, complete or up to date.

User-generated content is not approved by Montiplay

The Site may include information and materials uploaded by other users of the Site, including in bulletin boards, reviews, comments and chat rooms. This information and these materials have not been verified or approved by Montiplay. The views expressed by other users on the Site do not represent Montiplay’s views or values.

If you wish to complain about content uploaded by other users, please contact us on support@montiplay.com.

Disclaimer of Warranties and Limitation of Liability

To the extent permitted by law:

  • the Site and Montiplay Products and Services, including any materials and content are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
  • Montiplay disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the Site and any Products, Services, materials or content received from Montiplay, including information or advice obtained through the Site or Services.

Montiplay accepts no liability for any defects, damage, injury or death arising from:

  • your failure to follow Montiplay’s instructions as to supervision, use and maintenance of the Products;
  • any alteration or repair that you make to the Products without Montiplay’s written consent;
  • your wilful damage, negligence, or abnormal storage or use of the Products;
  • any other breach of these TOU by you.

Furthermore, Montiplay accepts no liability under these TOU for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill; and indirect or consequential loss.

Montiplay does not warrant that the Site will be error-free or that the Site is free of computer viruses or other harmful mechanisms.

You understand and agree that you download or otherwise obtain materials and content through the use of the Site at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such materials or content.

 If your use of the Site, materials, or content results in the need for servicing or replacement of equipment or data, Montiplay, its affiliates and licensors are not responsible for those costs. notwithstanding anything to the contrary in these TOU and in no event shall montiplay be liable for any damages, including without limitation, consequential, incidental, special, exemplary, multiple or other direct or indirect damages or for lost profits or loss of use damages on account of your use, misuse, or reliance on the site or Montiplay’ products, services, materials or content available on the Site or otherwise. All claims for such damages are hereby specifically waived, even if Montiplay has been advised of the possibility of such damages.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

Rules about linking to the Site

You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage Montiplay’s reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Montiplay’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

Montiplay reserves the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site other than that set out above, please contact marketing@montiplay.com.

 

Your Content and Statements

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with all applicable laws, act respectfully of Montiplay and others, not post anything misleading, offensive or obscene and not impersonate another person or entity. You will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Montiplay and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

Montiplay also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

Montiplay has the right to remove any posting you make on the Site if, in Montiplay’s opinion, your post does not comply with Montiplay’s content standards, or otherwise in breach of these TOU.

You are solely responsible for securing and backing up your content.

Whilst using the Site and in any content you post on the Site or publish elsewhere concerning Montiplay, you must not use foul language, swear, say or do anything defamatory or illegal or say or do anything which would damage the reputation of Montiplay, or that is otherwise offensive or inappropriate or which would cause Montiplay harm. .

Force Majeure

Under no circumstances shall Montiplay, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning, pandemics or epidemics.

Indemnity

You agree to defend, indemnify, and hold harmless Montiplay and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of these TOU or any applicable law.

Governing Law

These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of Dubai, as applicable in the United Arab Emirates without giving effect to its conflict of laws provisions.

You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the Dubai courts.

General

If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.

These TOU constitute the entire agreement between you and Montiplay with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

You may not assign or delegate any rights or obligations hereunder.

Montiplay may assign or delegate all of its rights and duties at its sole discretion to any third party.

These Terms of Use were last amended in July 2020.

 

of the Site indicates your understanding and acceptance of any changes made to these TOU and posted to the Site. These TOU do not apply to your use of any third-party websites to which the Site may link.


By using the site; registering for subscription or other services, classes or events; buying products; or downloading, copying, accessing, or using any content or materials from the site you indicate your understanding and acceptance of these tou. if you do not accept these terms, do not use the site or its materials, purchase our products, or register for our services, classes or events.


Montiplay takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our services, or participate in our offerings and events. For more information please visit Montiplay’ Privacy Policy.


Services and Products


Montiplay offers various services, which may include, but are not limited to curriculum guides, videos, events, newsletters, and webinars (the “Services”). Montiplay also offers various products, including, but not limited to, toys specially selected for your child’s developmental stages (the “Products”). Products are offered in several stages based on these developmental stages (stages 1-8) (each a “stage”). In order to access some of the Services and Products, you may be asked to provide information about your child as well as your name, e-mail address, mailing address, telephone number, and payment information, if applicable. Subject to compliance with these TOU, Montiplay grants you a limited, non-exclusive license to utilize the Services and Products so long as: (i) you are eighteen (18) years of age or older, and (ii) are not barred from receiving the Products and Services offered under the laws of the United Arab Emirates. In order to access or use the Services or Products, you must provide current and accurate identification, contact and payment information. You will be responsible for maintaining the accuracy and completeness of such information. Montiplay may, at any time, revoke your access to the Services for any reason in its sole discretion, including, but not limited to, if Montiplay believes that you are in breach of these TOU. Upon any expiration of Services ordered by you, or any termination of these TOU, your access and other rights to the Services will be cancelled and cease. In such an event you must cease any further use of the Services.


Charges, Billing, Payment


Charges for enrollment in our subscription service are set forth on the enrollment page and are exclusive of all tax. Charges for other Services or Products will be set forth on the pages for those Services and Products. In order to enroll in our program or purchase other Services or Products, you must provide Montiplay, or a third party working on behalf of Montiplay, with your credit card information. Montiplay may take commercially reasonable actions to validate your credit card information. 


By providing Montiplay or a third party with a payment method you represent (i) that you are authorized to use the payment method that you provided, (ii) that any payment information you provide is true and accurate, and (iii) that you authorize Montiplay or a third party to charge you for the products or services using your payment method. Any third party website that you may be sent to to facilitate processing of payments and orders is subject to its own terms of use and privacy policy and you should review the terms of use and privacy policy of that third party website before providing personal information. 


If Montiplay does not receive payment from your card issuer, you agree to pay Montiplay all amounts due immediately upon demand. In order to continue receiving the benefits of enrollment, you must pay all charges in full as they are due. If your credit card is declined or you otherwise fail to pay the subscription fee in full, Montiplay reserves the right to suspend your subscription and all benefits attendant thereto. Prices are subject to change at any time.


Automatic Renewal


By enrolling in a subscription service, you agree and authorize that the day after the end of your then-current three month subscription (“Renewal Date”), your subscription fee will be charged to the credit card number you provide unless and until you cancel as set forth in the Cancellation Policy below. Such charges will include any or all of the following: (1) subscription fee to cover the next three month subscription as set forth on the enrollment page, (2) any applicable taxes, and (3) any unpaid amounts due, including late payment fees and interest accrued, as applicable.


Pre-Orders: If you have pre-ordered a Product or subscription service, the applicable fee will be charged to the credit card number you provide on or about the date of pre-order. You may cancel any pre-order for a full refund at any time more than 48 hours prior to shipment. If you wish to cancel a pre-ordered Product or subscription service after this period, the Refund and Exchange policy below shall apply.

Changes to the Price and to the Subscription Service: Montiplay reserves the right, in our sole and absolute discretion and at any time, to adjust pricing for the subscription service or any components thereof and to modify or discontinue the subscription service at any time and in any manner, with or without notice to you. Montiplay will not be liable to you or any third party should we exercise our right to modify or discontinue the subscription service. If you object to any such changes, your sole recourse will be to cease access to the subscription service. Continued access to the subscription service following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the subscription service as so modified.


Cancellation Policy


We strive to make cancellation as simple as possible. To cancel a recurring subscription you must provide Montiplay with written notice no later than 48 hours before 12:00 PM (Noon) Gulf Standard Time on your Renewal Date by emailing Montiplay at customercare@montiplay.com. If your order has begun being processed before you cancel, you will receive the processed Product shipment and it will be the last you receive.



Links to Other Websites


The Site may display content from or links to websites provided by third parties. These may include advertisements and solicitations to purchase products or services. As consideration for your convenience in making this third party content available or accessible to you, you acknowledge that: (1) Montiplay does not endorse the content or services described in any linked third party website, and (2) Montiplay does not control these third party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites. 


You also agree that Montiplay IS NOT responsible or liable for any losses or damages you experience with any third party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you. If you decide to access any linked third party website, you do so at your own risk. You should refer to the separate terms of use, privacy policies, and other rules posted on third party websites before you use them.


Compliance with Laws


By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which governs or applies to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Site to countries or persons prohibited under the export control laws of the United Arab Emirates. Montiplay makes no representation that the content on the Site is appropriate or available for use outside the United Arab Emirates. If you have chosen to access the Site from outside the United Arab Emirates, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.


User Generated Content


If it is the case that you supply/upload any content to the Website or App – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules: it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone; it must not harass or bully another person; it must be true and honest so far as you know; it must not be defamatory of anyone; it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own); it must not contain someone else’s personal details or confidential information relating to other people; and it must not promote or condone terrorism, violence or illegal behaviour.


We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.


In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation: comment facilities; chat rooms; and/or bulletin boards, (together Interactive Services").


Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.


Disclaimer of Warranties and Limitation of Liability


MONTIPLAY DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE SITE OR PRODUCTS OR SERVICES RECEIVED FROM MONTIPLAY. THE SITE AND MONTIPLAY PRODUCTS, SERVICES, MATERIALS AND CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MONTIPLAY DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, OR ANY PRODUCTS, SERVICES, MATERIALS OR CONTENT RECEIVED FROM MONTIPLAY, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR MONTIPLAY SERVICES. MONTIPLAY DOES NOT WARRANT THAT THE SITE OR ANY PRODUCTS OR CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS AND CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS OR CONTENT. IF YOUR USE OF THE SITE, MATERIALS, OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MONTIPLAY, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.


NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL MONTIPLAY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE OR MONTIPLAY’ PRODUCTS, SERVICES, MATERIALS OR CONTENT AVAILABLE ON THE SITE OR OTHERWISE. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF MONTIPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Force Majeure


Under no circumstances shall Montiplay, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.


Indemnity


You agree to defend, indemnify, and hold harmless Montiplay and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of these TOU or applicable law.

Governing Law

These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the English Common Law without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of ADGM courts located within the United Arab Emirates, with respect to such matters.


If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.


Entire Agreement, Assignment


These TOU constitute the entire agreement between you and Montiplay with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. Montiplay may assign or delegate all of its rights and duties at its sole discretion to any third party.


These Terms of Use were last amended in April, 2020.