Terms & Conditions
Last Updated: February 28th, 2018
These Terms of Service (“Terms”) apply to your access to and use of the ESM ACADEMIES website: ESMACADEMIES.AE (the “Website”) and our parents, subsidiaries and affiliates (collectively, “EAST SPORTS MANAGEMENT”, “ESM,” “we” or “us”), and the features, services, and programs offered through the Website (our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Service.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with ESM or its subsidiaries or affiliates, for products, services or otherwise, including enrollment agreements or program terms that apply to enrollment in or attendance at any ESM Academies, camps, training, events, and other programs we offer (“Program Terms”).
If you have any questions about these Terms, our Service or our events or programs, please contact us at firstname.lastname@example.org
You must be at least 3 years of age to access or use our Service and programs we offer (“ESM Academies Programs”). If you are accessing or using our Service on behalf of another person or on behalf of an entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. USER CONTENT
Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and ESM Academies.
You grant ESM Academies a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
3. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and ESM;
- Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
- Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
- Attempt to circumvent any content filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
- Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
- Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service; or
- Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:
- Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose ESM or others to any harm or liability of any type.
Enforcement of the content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about ESM or our Service or ESM Academies (collectively, “Feedback”) is non-confidential and will become the sole property of ESM. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
ESM will from time to time take photographs and video footage of players during courses, training sessions, matches, events and other activities for the use in marketing and publicity materials throughout all media channels.
7. COPYRIGHT AND TRADEMARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ESM Content”) are owned by or licensed to ESM and are protected under both United Arab Emirates and foreign laws. Except as explicitly stated in these Terms, ESM and our licensors reserve all rights in and to the Service and the ESM Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and ESM Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or ESM Content; (b) copy, reproduce, distribute, publicly perform or publicly display ESM Content, except as expressly permitted by us or our licensors; (c) modify the ESM Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or ESM Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or ESM Content other than for their intended purposes. Any use of the Service or ESM Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
8. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you visit ESM Academies premises or attend ESM Academies Programs, you may enter an area where photography and audio and video recordings may occur. By entering the ESM Academies premises or attending ESM Academies Programs, you consent to such photography and audio and video recording and you release ESM for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the ESM Academies premises.
9. COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Service and terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We also may, at our sole discretion, limit access to the Service and our Service or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Service infringes any copyright that you own or control, you may notify ESM’s Designated Agent as follows:
Designated Agent: James Bowring
Address: Office 406, Detroit House, Motor City, Dubai, PO BOX 392861, UAE
Telephone Number: 04-3697817
E-Mail Address: James@esm.ae
Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to ESM for certain costs and damages.
You will indemnify, defend, and hold harmless ESM and each of our respective officers, directors, agents, partners, coaches and employees (individually and collectively, the “ESM Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ESM or the other ESM Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ESM does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While ESM attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.
12. LIMITATION OF LIABILITY
ESM and the other ESM Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if ESM or the other ESM Parties have been advised of the possibility of such damages.
The total liability of ESM and the other ESM Parties for any claim arising out of or relating to these Terms, our Service, or any ESM Academies Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the ESM Academies Programs.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ESM or the other ESM Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release ESM and the other ESM Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
14. TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United Arab Emirates and other countries, where you may not have the same rights and protections as you do under local law.
15. DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ESM and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or ESM seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or ESM seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ESM waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Service, or any ESM Academies Program resolved in court.
You and ESM agree that any dispute arising out of or related to these Terms, our Service, or any ESM Academies Program is personal to you and ESM and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any claim you may have arising out of or related to these Terms, our Service, or any ESM Academies Program must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and ESM will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing email@example.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
16. GOVERNING LAW AND VENUE
The Agreement shall be governed by and construed in all respects in accordance with the laws of the UAE. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, any dispute or difference between ESM and the Community User which arises in connection with this Agreement shall be submitted to the exclusive jurisdiction of the UAE.
17. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, together with any applicable Program Terms, constitute the entire agreement between you and ESM relating to your access to and use of our Service. The failure of ESM to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
21. ESM HOLIDAY CAMPS
All Camp Fees include the 5% VAT
1. Children who are 3-4 years old need to be able to manage within a group environment with minimal assistance during the five sportings/non-sporting activities throughout the day. The Camp Manager will advise parents if children cannot adhere to this condition and may be asked to return when the child is older.
2. Please refrain from sending toys/personal devices to camp. ESM does not take any responsibility for items such as tablets, phones, toys and other electronic devices that may be lost or damaged. Due to the nature of our multi-activity camps, we do not allow students to use their phones during sessions. Parents can request the contact number of the Camp Manager should they need to contact children during the day.
3. Parents are advised to pack their students' swimming costume every day, this is to accommodate possible program changes. Aqua Fun sessions may not take place every day but if you don’t want your child to swim, please inform the Camp Manager on arrival.
4. No parents are permitted to stay on site and watch sessions.
5. ESM Holiday Camps have a "No Bullying Policy" – Children will be asked to leave immediately if this happens.
6. ESM Holiday Camps have a no refund policy on camp as well as transportation fees.
7. Children need to wear comfortable clothing and trainers to camp, no sandals or crocks are advised as it is a multi-activity camp where physical activities take place.
ESM Holiday Camps reserve the right to remove any child from camp immediately if he/she physically harms others. There will be no warning before removal if the first incident is considered to be of a severe nature.
ESM expect that no child should;
· Behave in a way that discriminates, bullies or intimidates others
· Behave in a way that puts others or their self at risk
· Use inappropriate language, or swear, in all languages
· Act aggressively towards others and the coaches
· Be involved in fighting, hitting, biting and all other forms of physical violence
· Behave in a way that disrespects facilities and equipment
· Act against the principals of fair play and positive sporting competition
· Unwillingness to participate in sessions
ESM HOLIDAY CAMP WAIVER
I acknowledge the health status of my child and acknowledge that loss or injury may occur due to the sports-related nature of the activity. Save to the extent that such matter arises out of the negligence of, or misconduct by ESM Academies or ESM Holiday Camps (“ESM”), I shall not hold ESM, its affiliates, sponsors or venue, or their respective shareholders, directors, employees or agents, responsible for any loss, damage or injury to the participant or his/her belongings or claim for any injury or impairment that the participant may incur during the duration of the activity. I also authorize ESM to take reasonable measures for safety. I understand that ESM reserves the right to make any necessary changes to the program prior to or during the activity for reasons beyond its reasonable control. I understand that photographs and audiovisual recording may sometimes be taken during the activity and I hereby consent for such material to be used on our marketing material and on our website.
This acknowledgement has been signed freely and voluntarily without any inducement.
ESM Holiday Camps offer a 10% siblings discount to siblings up to a maximum of 3 children. Siblings are defined as brothers and sisters only.
ONLY ONE DISCOUNT WILL APPLY AT ANY ONE TIME.
Upon receipt of payment, you will receive an automated email confirming the details of your booking. Please review and ensure the details are correct prior to attend the camp.
ESM Holiday Camps have a no refund policy on camp bookings including transportation.
No refund or credit will be given for missed days due to sickness or other reasons.
If for any reason, the camp is cancelled by ESM Holiday Camps, parents will first be offered an alternative camp venue. If this does not suit the parent then a full refund will be given with the fees being credited back into the same card used to make the original booking. This process will take between 5 - 7 working days.
ESM Holiday Camps reserve the right to cancel your booking at any time, without notice if circumstances are out of our control including but not limited to extreme weather conditions, emergencies, construction works close by to the facility, etc.
A minimum number of 25 children is required to run a holiday camp. Should the demand not reach this prior to the week of the camp starts, parents will be notified and offered an alternative venue.
ESM Holiday Camp Director
Email: firstname.lastname@example.org | email@example.com
Office Tel No: +971 4 369 7817
Address: Office 406, Detroit House, Motor City, Dubai, PO BOX 392861, UAE
P.O Box – 15935
Tel No: +971 4 3697817
Security capabilities and policy for transmission of payment card details.
East Sports Equipment Articles and Services LLC will collect any personal information (including credit card details) in accordance with the Data Protection Act 1998. ESM undertakes not to intentionally disclose personal information to third parties without the relevant individuals' consent unless obliged to do so in accordance with the Data Protection Act 1998 and/or any other federal or local laws. We protect your personal information using technical security measures (such as firewalls and data encryption) to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, however, the internet is not a safe medium and Although appropriate security measures are in place, ESM cannot, therefore, accept any liability for such loss, misuse, unauthorized access, disclosure and alteration