H I V E 6 4 0
Terms and Conditions
Terms and Conditions
Eligibility for Membership
Joker chance must ensure that its members can enter into legally binding contracts and that minors do not purchase, use, or have access to unsuitable content. Membership and/or use of the Platform is not available to persons under the age of 18 years old. By using the Platform, You represent and warrant that You are 18 years of age or over and that all information You submit is accurate and truthful when registering any information with the Platform or providing any information to Us.
Joker chance reserves the right and at its sole discretion to refuse, limit, suspend or withdraw access to the Platform or the membership of any person if Joker chance believes that person is under the age of 18 years or that any information given is not accurate or truthful, or for any other reason.
The Platform is not available to persons whose membership has been refused, limited, suspended, or withdrawn by Joker chance.
No person may register as a member on the Platform more than once.
Registration and Membership Obligations
To access the Services and utilize the Platform You will be required to create an account and register information with Us to create a membership ("Membership"). You agree that any information provided to Us in pursuant thereto will be complete and accurate, that You will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that You will not adopt a username that We in Our sole discretion, deem offensive. We reserve the right to not allow You to register if We believe that You will not comply with these Terms.
You are responsible to promptly update details of Your Membership such that they are at all times considered true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or if Joker chance suspects in Our sole discretion that such information is untrue, inaccurate, not current or incomplete, or not per this User Agreement, We have the right to suspend indefinitely, limit or withdraw Your Membership and/or Your access to the Platform.
When registering Your account on the Platform to create Your Membership, You will be required to provide certain information and register a username and password for use of the Platform. To keep Your account secure You have to protect Your account with reasonable means, and You are responsible at all times for maintaining the confidentiality of and restricting access to and use of, Your account and password to the Platform. You agree to accept responsibility for all activities that occur under Your account with Us. If someone other than Yourself uses the Platform with Your login information You will be held accountable for all actions made in Your name. In the event of termination, You will no longer be authorized to access the Platform or Your Membership, and We reserve the right to use any means possible to enforce this termination. You undertake to immediately notify Joker chance of any unauthorized use of Your Membership or any other security breach.
You may not, at any point in time, use any other person's Membership. You agree to reimburse Joker chance in full for any costs, expenses, and damages caused by improper, unauthorized, or illegal use of Your Membership and password by You or any person obtaining access to the Platform.
You may not transfer or sell Your Membership with Joker chance to another party and You undertake that You are solely responsible for all activity of the Membership
In order to access the Services and utilise the Platform You will be required to create an account and submit personal information with Us in order to create a membership (“Membership”). You agree that any information provided to Us in these areas will be complete and accurate, that You will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that You will not adopt a username that We in Our sole discretion, deem offensive. We reserve the right to not allow You to register if We believe that You will not comply with these Terms.
You may not access or use the Platform or the Services provided via the Platform for any purpose other than the purpose for which we make it available to You. We may prohibit certain activities in connection with the Platform and Services at our discretion.
These prohibited activities include, without limitation, the following:
- Criminal, delictual or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any User to buy or sell any products or services, except with the express wrote approval of Joker chance.
- Transmitting chain letters or junk email to other Users.
- Using any information obtained from the service to contact, advertise to, solicit, or sell any products or services to any User without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts to send comments or messages.
- Interfering with, disrupting, or creating an undue burden on the service or the networks or services connected to the Service.
- Attempting to impersonate another User or person.
- Using the username or account of another User.
- Using any information obtained from the Service to harass, abuse, or harm another person.
- Accepting payment of anything of value from a third person in exchange for Your performance of any commercial activity on or through the Service on behalf of that person.
- Using the Service in a manner inconsistent with any applicable laws and regulations.
- Activities which are harmful, abusive, unlawful, threatening, harassing, blasphemous, immoral, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever.
- Any activity which harasses degrades intimidates or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Any activity which violates any applicable equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- Any activity which includes personal or identifying information about another person without that person's explicit consent.
- Any activity which impersonates any person or entity, including, but not limited to, a Joker chance employee, or falsely states or otherwise misrepresents an affiliation with a person or entity
- Any activity which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing.
Additionally, You agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; and,
- attempt to gain unauthorized access to computer systems owned or controlled by Joker chance or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.
- Any content uploaded by You shall be subject to applicable laws and may be disabled, or may be subject to investigation under applicable laws. Furthermore, if You are found to be in non-compliance with such laws and regulations, we may terminate Your account/block Your access to the Platform, or any part thereof, and we reserve the right to remove any non-compliant Content uploaded by You.
- You are solely responsible for the consequences, losses, or damages we may incur, directly or indirectly, or suffer due to any activities conducted by You
If You make a payment for Our Services on our Platform, the details You are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
The product prices per unit displayed on Our Platform are inclusive of VAT.
Users may be charged in US Dollars (United States Dollar) or any other currency depending on where they are using the platform from and what type of Credit Card they are using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates.
Refund & Cancellation Policy
All sales are final with no cancellation options.
For any defective products, Joker chance will offer You replacement of the defective product only, subject to any warranties and/or guarantees provided by the manufacturer of the product. Joker chance shall have no liability or responsibility about any defect regarding a prize awarded as a result of a Campaign Draw.
No other form of refund is permissible.
Intellectual Property Rights
The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Joker chance, and are subject to copyright and other intellectual property rights under UAE and foreign laws and international conventions. In connection with the Services, the Platform may display certain intellectual property goods belonging to third parties. The use of these goods may be subject to the license granted by third parties to Joker chance. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant You any right about such goods. Materials on the Platform are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Joker chance reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. The content displayed on or through the provision of the services is protected by copyright as a collective work and/or compilation, under copyright laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
You accept that various things can go wrong when using the Platform and the Services provided through the Platform. You take on the responsibility and liability of these events happening and will have no claim against Joker chance if they happen. When using the Platform, You will be exposed to Materials from a variety of sources, and that, as far as the applicable law allows, Joker chance is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and You agree and assume all liability for Your use. You further may be exposed to Materials that are inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, You agree to waive and hereby do waive, any legal or equitable rights or remedies You have or may have against Joker chance with respect thereto.
You consent to the use of Your name in the event You are the Winner of any of the Campaign Draws. This includes but is not limited to the use of Your name in the local and regional press, on the Platform, and on any social (online) media profile associated with Us.
You consent that We have the right to use any digital records made by Us including, but not limited to, photographs, videos and call recordings of, the Prize, the Campaign Draw, the winning phone call and the collection of the Prize, on the Platform and any social (online) media profile associated with Us. These digital records may include imagery and/or voice recordings of the Winner and/or their name.
Disclaimer for Third Party Applications
The use of any third party application is subject to any terms and conditions provided with such third party application and is not governed by Us. The use of third party applications is solely Your responsibility since Joker chance does not govern the use of such third party applications. Joker chance is not responsible for any third-party applications and You acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third-party applications (including any content therein) and Joker chance hereby disclaims any liability to You or any third party related thereto.
Joker chance does not have any obligation to examine or scan third party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third-party applications. The fact that a third party application is available via any online platform or otherwise is not an endorsement, authorization or representation of Joker chance's affiliation with any third party, nor is it an endorsement of such third party application and You hereby waive, any legal or equitable rights or remedies You have or may have against Joker chance with respect thereto. Joker chance exercises no control over third-party applications, products, services, software or any online platform and We are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software, and any online platform. We are not responsible or liable, directly or indirectly, for any damage or loss caused to You by Your use of or reliance on any goods or services available through the third-party applications, products, services, software, and any online platform..
Limitations of Liability
To offer a reliable and enjoyable service We need to fix bugs, install updates, and perform general diagnosis and maintenance. We, cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, content and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, either expressed or implied.
Information obtained on the Platform may not always be accurate. We use other providers to provide data on which We base the information detailed on the Platform. We try to make sure that the data is correct and up-to-date together with Our partners, but We cannot guarantee that it will always be.
In no event will Joker chance nor will any of Our data providers be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of Your use of or inability to use the App, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In conjunction with the limitation of warranties as explained herein, You expressly understand and agree that any claim against Us shall be limited to the amount You paid to Us, if any, for use of our Platform and/or Services.
You agree to defend, indemnify and hold harmless Joker chance and its affiliates and subsidiaries, and its and their, officers, directors, shareholders, successors, assigns, agents, service providers, suppliers, and employees, from and against any claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) Your breach of any provision of this User Agreement; (ii) Your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) Your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to You or a third party. This defense and indemnification obligation will survive termination, modification, or expiration of this User Agreement and Your use of the Service and the Platform.
No Spam Policy
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Joker chance email addresses or through Joker chance information systems is expressly prohibited by these Terms. Any unauthorized use of Joker chance computer systems is a violation of this User Agreement and certain applicable laws, in particular, the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case You intend to solicit or contact Our Users by obtaining their email or phone numbers from Our Platform, we may report this behaviour to the relevant authorities, who then may decide to prosecute You under the relevant UAE laws.
Limitation and Termination of Service
Joker chance may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which You may access the Service or the Platform.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by Joker chance without restriction. Any assignment or transfer by You shall be null and void.
The failure of Joker's chance to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.
If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, We and You nevertheless agree that the court should endeavor to give effect to Our intentions as reflected in this User Agreement. If any provision or provisions of this User Agreement is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of this User Agreement shall not in any way be affected or be impaired.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Governing law and Dispute Resolution
Any dispute arising out of or in connection with this User Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre. This Agreement shall be governed by and construed by the laws of the Dubai International Financial Centre.