Terms & Conditions

Why these Terms and Conditions are Important

Please read these Terms & Conditions (“Terms”) carefully. These Terms including the Annexes to them set out the legal basis for the use of VOV Gaming’s Digital Platform and related website available at vovxp.com and via the VOV Gaming App (referred to, collectively and independently, as the “Platform”) and include the terms and conditions for the ordering and purchase of venue access, tickets for events, food and beverages, access to games and services, and other goods and services made available through the Platform (referred to, collectively and independently, as “Products”).

What is VOV Gaming?

VOV Gaming is a new initiative in the Kingdom of Saudi Arabia enabling gamers, developers and dreamers of all genders, disciplines and abilities to explore endless possibilities and fulfil their potential. We are a home for gamers to compete, learn and socialise.
Through the 3 pillars of Gameplay, Academy and Pathways, VOV Gaming locations (our “Venues”) will provide safe spaces for people to explore new games, new technologies, new skills and new opportunities.

Who is VOV Gaming?

VOV Gaming is provided by Electronic Gaming Infrastructure Company, a company organized under the laws of the Kingdom of Saudi Arabia, Commercial Registration No. 1010692993 with its place of business located at Riyadh 6686-13519 AlAqiq – King Abdullah Financial District building No. 508 and tax number [ 310908387200003 ]] ("we," "us" or "VOV Gaming").
VOV Gaming can be contacted as follows: customerservice@vovxp.com
VOV Gaming provides you access to the Platform and the ability to order and purchase Products, subject to the terms and conditions set out in these Terms.

Changes to these Terms

We reserve the right to change or modify these Terms at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of these Terms or to any service or other feature of the Platform and Products and you must accept such changes in order to continue your use and access of the Platform.

Your agreement to these Terms

By visiting or using the Platform or registering a User Account (defined below), you are agreeing to be bound by these Terms. If you do not agree to these Terms, you are not permitted to register a User Account (defined below) or to otherwise continue to use the Platform.

Use of the Platform and Venues by children under 18

If you are under the age of 18, you must also have the consent of your legal guardian to use the Platform and their agreement to these Terms. You may also not be allowed access to our Venues without a responsible adult joining you – access to our Venues is subject to any applicable VOV Gaming policies.. Orders for Products may only be made by those 18 or over.

PLATFORM USERS; PRIVACY; USE OF THE PLATFORM AND VENUES

1.1

Users of the Platform (“User”) are either a:

(a)

"Visitor": a User who browses the Platform without creating a “User Account” (defined below); [or

(b)

"Registered User": a User who creates a User Account and can accordingly log-in to the Platform.]

1.2

Use of the Platform is subject to our Privacy Policy, available at Privacy Policy. We may also process cookies data, as further detailed in the Privacy Policy.

1.3

You acknowledge that, at our sole discretion, at any time, and without any prior notice, we may decline to allow you access to and/or use of the Platform (including access to and/or use of any Products or Venues). Examples of scenarios that could give rise to this include (without limitation):

(a)

you fail to comply with any or all of these Terms;

(b)

"you engage in behaviour that might harm others or otherwise pose a health or safety risk, damage property, infringe the rights of others or cause a nuisance;

(c)

you fail to follow the directions of VOV Gaming personnel in relation to any access to or use of any Products including any Venue;

(d)

you engage in behaviour that might reflect unfavourably on VOV Gaming or the Platform, including by bringing VOV Gaming or the Platform into disrepute, ridicule or contempt; or

(e)

our own operational or policy reasons, directions from responsible authorities, or as otherwise determined by us at our sole discretion..

1.4

The use of our Products including access to and use of our Venues is subject to our applicable access and use policies from time to time in force which you agree to comply with.

1.5

You will only use the Platform and Products for your personal non-commercial purposes and in accordance with applicable laws and regulations.

USER ACCOUNTS

2.1

Users who wish to become Registered Users agree to comply with the User Account requirements as set out in these Terms.

2.2

Users wishing to set up a User Account must create a unique User ID and a unique user password for their use only, and provide other information including full legal name, contact email address and phone number, and other details including identity verification information. Users who set up a User Account must not disclose their User ID and unique user password to any other person, and shall remain responsible at all times for the unauthorised use of their User Account. (Users must promptly notify VOV Gaming in the event of becoming aware of any apparent unauthorised third party use of their User Account.)

2.3

Users creating a User Account warrant that the information they provide is accurate, current and complete, and undertake to update such information as and when it changes to ensure that it remains accurate, current, and complete. (A User Account, and associated access to the Platform, may be terminated by VOV Gaming in the event that VOV Gaming finds, or has reasonable suspicion, that any such information is not (or is no longer) accurate, current or complete. Similarly, VOV Gaming may also suspend a User Account if VOV Gaming finds, or has reasonable suspicion, that a User is in breach of these Terms. Users acknowledge that VOV Gaming may from time to time require formal documentation that evidences any User Account information, and failure to provide such information in a timely manner and to the full satisfaction of VOV Gaming is a basis upon which VOV Gaming may terminate the relevant User Account.

INTELLECTUAL PROPERTY IN THE PLATFORM; USER PROVIDED CONTENT

3.1

Subject to clause ‎3.3 below, all right, title and interest in any and all intellectual property rights in the Platform and any Products, and parts thereof (including all programs, products, processes, technology, content (including graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code)), belong to VOV Gaming, or its licensors, and are provided on an ‘as is’ basis with no warranties of any kind. You undertake to refrain from gaining, or attempting to gain, unauthorized access to any portion or feature of the Platform or Products, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by reverse-engineering, hacking, password mining, or any other means. The VOV Gaming trade mark and associated logo are owned by VOV Gaming or its licensors, and may not be used without specific written permission.

3.2

Nothing in these Terms shall be construed as providing you with anything more than the limited right to use the Platform and Products, for your own personal, non-commercial use, to the limited extent necessary to benefit, as User, in the manner contemplated in these Terms.

3.3

Where the Platform permits you to post or upload any content or materials or to communicate or send any messages (all such content, materials or messages is referred to as “Content”) the following provisions apply:

(a)

By providing Content to the Platform, you grant VOV Gaming a perpetual, irrevocable, world-wide, royalty-free, sub-licensable, non-exclusive licence (but not the obligation) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on or in connection with the Platform. You further permit VOV Gaming to develop (at VOV Gaming’s own discretion, and without any obligation) derivative works (such as excerpts) from the Content for use on, or in respect of, the Platform and the promotion of the Platform. (Any such derivative works shall become part of the Content provided to VOV Gaming.)

(b)

By providing Content to the Platform, you warrant that such Content is your own original work, and/or that you otherwise have sufficient rights in the Content to grant to VOV Gaming the rights contemplated in these Terms; and you warrant that the Content does not infringe any third party intellectual property rights. You shall be entirely responsible for the accuracy of any information about authorship, copyright and other ‘credits’ that you provide to VOV Gaming in respect of any Content. You undertake to refrain from seeking to assert or enforce any moral rights you (or your licensors) may have in any such Content.

3.4

Users must abide by all copyright notices or restrictions contained on or included in the Platform and must not delete any attributions, legal or proprietary notices on the Platform, nor are Users entitled to link to the Platform.

CONTENT STANDARDS

4.1

By submitting Content to the Platform Users warrant that such Content complies with the regulatory requirements of Saudi Arabia and is not otherwise unlawful. VOV Gaming is not required to monitor the Platform for Content that does not comply with the regulatory requirements of Saudi Arabia or is unlawful, but reserves the right to remove any Content of which it becomes aware, and which, in its reasonable assessment and in its full discretion, may breach such regulatory requirements or is otherwise unlawful or which is in breach of these Terms. (Accordingly, you acknowledge that you have no expectation of privacy in respect of any Content you make available on the Platform, and that VOV Gaming may monitor Content in order to address any concerns regarding inappropriate Content.)

4.2

Generally speaking, the following types of Content would breach such requirements, and accordingly cannot be made available via the Platform:

(a)

Content that references religion in a derogatory, negative or inaccurate manner;

(b)

Content that contains vulgarity or that promotes vices, crime or otherwise violates public morals;

(c)

Content that harms the interests of the Kingdom of Saudi Arabia, or denigrates its leaders, symbols or institutions;

(d)

Content that may undermine social harmony, encourage sectarianism or provoke class division, or that promotes the interest of any terrorist group;

(e)

Content that may encourage hatred of any kind, or that fails to respect the dignity of any group or the privacy of any individual; and

(f)

Content that infringes intellectual property rights.

ordering of products; cancellation and delivery; consumer complaints

5.1

The Platform includes functionality to allow you to purchase Products online (including booking Venues) as described on the Platform.

5.2

Once you have placed an order (“Order”) for a Product (e.g. through clicking on an order button) a binding contract is formed between us. You are not entitled to cancel the Order unless your cancellation rights under the Electronic Commerce Law apply (see the Annex (Cancellations) to these Terms).

5.3

We will provide a receipt to you once the contract is concluded in accordance with the Electronic Commerce Law.

5.4

We will inform you of any anticipated delay or difficulties that have a material effect on our ability to fulfil the Order.

5.5

How the Products will be delivered will depend on the nature of the Products ordered – this will either be obvious from the nature of the Products or will be described on the Platform. For example, some Products include specified Venue access at specified times, others are tickets for specific events at specific times. Products may also include food and beverages to be consumed at Venues on the day of visit. Merchandise may also be purchased for collection from the applicable Venue at the time of the event or as otherwise described on the Platform.

5.6

Where any Products are provided on a subscription basis (e.g. memberships) your rights to cancel and any renewal and additional payment provisions will be set out on the Platform.

5.7

Our procedures and methods for dealing with complaints are set out in the Annex (Complaints) to these Terms.

FEES AND PAYMENTS

6.1

You are obliged to pay for the Products as per the prices and fees associated with each Order together with all applicable taxes and additional amounts if any related to delivery. Full payment, by credit or payment card, of an Order is required before VOV Gaming is obliged to provide the Products the subject of an Order.

6.2

Any amounts payable to VOV Gaming shall be inclusive of VAT unless otherwise stated.

6.3

Any amounts payable to VOV Gaming shall be free of withholding or deduction in respect of any taxes, duties or bank charges. If you are required by law to withhold or deduct tax, or if bank charges are deducted from your payment, then the amount payable shall be increased so that VOV Gaming receives the same amount that it would have received had such tax, duties or bank charges not been withheld or deducted.

nature of the platforM; AVAILABILITY OF the platform and products

7.1

Subject to clause ‎7.3, you understand and agree that the Platform and Products are provided and made available on a reasonable endeavours basis only (with no warranties or guarantees as to availability) and VOV Gaming, at its sole discretion, may limit, suspend, or terminate your use of the Platform and the supply of Products.

7.2

Subject to clause ‎7.3, you also understand that VOV Gaming may modify or discontinue the Platform and the provision of any Products at its sole discretion. VOV Gaming has no obligation to continue offering the Platform, and you have no expectation of continued access to the Platform or the Products.

7.3

Nothing in these Terms shall prejudice your rights as a consumer under the laws and regulations of Saudi Arabia nor exclude any liability of VOV Gaming for death or personal injury caused by its negligence.

DISCLAIMER OF WARRANTIES

8.1

SUBJECT TO CLAUSE ‎7.3: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY PRODUCTS IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE PLATFORM AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE PLATFORM AND THE CONTENT AND PRODUCTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PLATFORM OR THE CONTENT OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THEIR INTENDED PURPOSES, (B) THE PLATFORM OR THE CONTENT OR THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OBTAINED THROUGH THE PLATFORM OR THE CONTENT OR THE PRODUCTS WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE PLATFORM OR CONTENT OR THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PLATFORM AND THE CONTENT AND THE PRODUCTS.

LIMITATION OF LIABILITY

8.1

SUBJECT TO CLAUSE ‎7.3: UNDER NO CIRCUMSTANCES SHALL VOV GAMING BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY CONTENT IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. VOV GAMING’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE LIABILITY IN QUESTION, AND WHICH THE PARTIES ACKNOWLEDGE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT VOV GAMING WOULD NOT ENTER INTO THESE TERMS OR MAKE THE PLATFORM OR THE CONTENT OR THE PRODUCTS AVAILABLE TO USERS WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Termination

10.1

Your agree that VOV Gaming, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Platform, or any part thereof, for any reason or no reason, including, without limitation, if it believes that you have breached these Terms in any way.

10.2

You agree that any deactivation or termination of your access to the Platform may be effected without prior notice to you and that VOV Gaming shall not be liable to you nor any third-party for any termination of your User Account or access to the Platform or the Content or any Products.

10.3

You may cease using the Platform at any time. If you would like to formally cancel your User Account, please contact us in order to do so.

10.4

You acknowledge that VOV Gaming may cease operating the Platform at any time, and at its own discretion. You shall have no claim against VOV Gaming in the event that VOV Gaming decides to discontinue the operation of the Platform for any reason.

GENERAL TERMS

11.1

No partnership: You agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

11.2

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.

11.3

No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.

11.4

Survival: The following sections shall survive the expiration or termination of these Terms: Sections 3, 4, 6, 7, 8, 9, 10, and 11.

11.5

Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. If required by us, you will assist with our reasonable requirements to give effect to the same.

11.6

Force majeure: We will not be responsible for any breach of these Terms or any failure or delay in providing or making available the Platform and any Products where this is due to any event or cause outside our reasonable control including without limitation acts of governmental or other competent authorities, natural disasters, war, pandemic or epidemic, illness of relevant personnel, fire, flood, storm, hostile acts, failure of power or water supplies, equipment breakdown, failure of networks or telecommunications systems, computer viruses, transport delays, or failures of third party contractors or service providers or other acts or omissions of third parties outside of our reasonable control.

11.7

Governing law and jurisdiction: These Terms shall be governed by the laws of the Kingdom of Saudi Arabia. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Kingdom of Saudi Arabia.

11.8

Entire understanding: These Terms set out the entire understanding and agreement between you and us with respect to your use of the Platform and Products and our provision of them.

11.9

Contact: If you have any queries regarding these Terms, or questions or complaints regarding the Platform or any Products, please do not hesitate to contact us at customerservice@vovxp.com . Our policy where we receive a complaint about the Platform or our Products is set out in the Annex (Complaints) to these Terms.

ANNEX - CANCELLATIONS

YOUR CANCELLATION RIGHTS UNDER THE ELECTRONIC COMMERCE LAW

Nothing in these Terms including its Annexes will remove or vary any rights you may have to terminate an Order within seven (7) days of placing an Order or seven (7) days following the date of receipt of any goods/merchandise where you have this right under paragraph (1) of Article 13 of the Electronic Commerce Law. Any such termination or cancellation will be at your cost.
Please contact us if you wish to exercise this right as your cancellation/termination rights here are limited as set out in Article 13(2) of the Electronic Commerce Law and in Article 11 of the Electronic Commerce Law Implementing Regulations. In particular the cancellation/termination rights do not apply in relation to the following:
- Orders for food and beverages
- Tickets for events
- Bookings for Venues
- any merchandise made to your requirements or customised for you (unless it is defective or does not confirm to its agreed specifications)

ANNEX – COMPLAINTS ABOUT THE PLATFORM AND PRODUCTS

PLATFORM AND PRODUCT COMPLAINTS

1.1

Where you have a complaint about VOV Gaming’s provision of the Platform and/or any Products please contact VOV Gaming using the contact details provided on our website or referred to in our Terms. We will review the complaint and respond to you as soon as reasonably possible.