Thank you for using the website www.ellay.com (“Website”) which is operated by Ellaycom General Trading LLC a Dubai based company, which is broadcasting under the channel name Ellaycom (“Ellaycom”, “we”, “our”, “us”).
These Terms set out the relationship between Ellaycom and the Website’s customers and the terms on which we provide the Website and general terms applicable to your use of the Website as a customer.
These Terms are effective from 1 November 2018.
We may change these Terms at any time by posting an updated version on this Website. We therefore encourage you to check this Website regularly for any amendments to the Terms and to read the Terms each time you access the Website. Your continued use of this Website will constitute your express consent to these Terms.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
1. GENERAL USE OF THE WEBSITE
- a. Your use of this website is being monitored.
- b. We will endeavour to ensure that the information contained in this Website is accurate and up-to-date, but we cannot accept any liability for omissions or errors in the information, images, descriptions and content that is provided by our suppliers (“Partners”) concerning any of the Products and/or orders, further we accept no liability for omissions or errors or any consequences that result from that (including without limitation any direct or indirect loss or damage of any nature whatsoever).
- c. We may not be held liable for any damage caused to your computer equipment or software which may occur on account of your access to or use of the Website, or your downloading of materials, data, text, or images from any part of the Website, whether caused by a virus, bug or otherwise.
- d. Ellaycom does not guarantee the availability of the Website at any particular time. If for any reason any part of the Website is not capable of running as planned (including infection by computer virus, tampering, unauthorized intervention, fraud, network, server, or other technical failures), we may have to discontinue the Website until the matter is resolved.
- e. Access to the Website and the services on our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any access to the Website and the services on the Website without notice. From time to time we may restrict access to some parts of the Website or the services provided on the Website to users who have registered with us.
- f. Any attempt by any person to deliberately damage the Website, the systems of other users or otherwise undermine the legitimate operation of the Website may be in violation of the law. If this occurs, we will have the right to seek damages from any such person and to seek any other remedies available to us (on behalf of our company and/or on behalf of third parties using this Website). In addition, we may terminate any agreement that we may have with you.
- g. You agree to indemnify, hold harmless and defend us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, against any liability, loss, damage, costs and expense of whatsoever nature (including legal fees) incurred or suffered by us or by any third party (whether a user of this Website or otherwise) arising out of or related to use of the Website.
2. SERVICES, ORDERS AND PAYMENT
- b. The terms for ordering, payment, delivery and cancellation are covered within our Purchasers Terms. Please ensure that you read these before you place your order.
3. USE OF THE WEBSITE
- a. We try to keep all information on this Website up to date. Your use of the Website is at your own risk. If you find any incorrect information, you can notify us by calling or emailing our contact centre.
- b. You must not conduct or promote any illegal activities while using this Website. This includes any activities that (in our opinion) breach copyright, infringe on privacy or infringe any third-party rights as well as activities that are defamatory to third persons. Doing so may lead to prosecution.
- c. You must not use this Website to generate unsolicited emails, spam or promotional materials to other Users.
- d. You must not send any viruses or other material designed to adversely affect the operation of the Website, affect any other users of the Website or affect any equipment or any data in the Website.
- e. You must not attempt to gain access to the Website or the system that runs the Website. You must not interfere with the security of the Website, its services, system resources or network.
- f. You must not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about the uses.
- g. You must not link to the Website without seeking our prior written consent. You must not frame the Website on another website without seeking our prior written consent.'
- h. You must not charge third parties for accessing the content of the Website, nor can you in any way commercialise its content.
- i. You must not change, edit, add to or produce summaries of its content anywhere else.
- j. You must not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Website including the feedback area, discussion forum or through any e-mail feature of the Website intended to bypass use of the Website.
- k. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder.
- l. Any party engaged in illegal activities involving the use of this Website may be subject to prosecution. We do not guarantee that we will be able to prevent any illegal or inappropriate use of this Website or will give notice of any illegal or inappropriate use of this Website.
4. USER CONTENT AND BEHAVIOUR
- a. You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with these requirements.
- b. Members of the public are able to post reviews, comments, information and other material (“User Content”) on the Website. You must not post User Content that is offensive, indecent or objectionable or which denigrates any person or entity within the Website. You understand that the person who submits User Content is responsible for that User Content. In the same way, you are entirely responsible for the User Content that you make available to or through the Website. We cannot be held liable for any User Content. We also have the right (but not the obligation) to refuse, edit or remove any User Content at any time.
- c. Whilst we intend to refuse, edit, or remove any User Content that is offensive, indecent or objectionable, we may not do so before you are exposed to such User Content. Please notify immediately us if you find User Content that is offensive, indecent or objectionable.
- d. We do not and cannot guarantee the accuracy, integrity or quality of User Content. Additionally, we may not be held liable for any loss or damage that you suffer because of your use of or reliance on the User Content. User Content may not be accurate – please make your own enquiries before relying on any User Content.
- e. You must own the materials contained within the User Content that you submit or post to the Website. If you do not own all materials contained within the User Content, you must at least have the right to include those materials on a third-party website such as the Website.
- f. Once you submit User Content to the Website, you grant us a worldwide, royalty-free and non-exclusive license to use, store, exploit, publish and modify the User Content in any way in all media without any further consent, notice and/or compensation to you or others. Amongst other things, it may be included within the Website.
- g. These rights are limited in the following ways:
- i. You can end this license for specific content by deleting such content from the Website, or generally by closing your account, except (a) to the extent you shared it with others as part of the operation of the Website and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- ii. We will not include your content in advertisements for any products and services of others (including sponsored content) without your separate consent. However, we have the right, without compensation to you or others, to place advertising near your content and information.
- iii. We will get your consent if we want to give others the right to publish your posts beyond the Website although as part of the operation of the Website, third parties may access and share your content and information, consistent with your settings and degree of connection with them.
- iv. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the core meaning of your content.
- h. Without limiting any of the Terms for the use of this Website, you agree to indemnify, hold harmless and defend us our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, against any liability, loss, damage, costs and expense of whatsoever nature (including legal fees) incurred or suffered by us or by any third party (whether a user of this Website or otherwise) arising out of or related to any User Content. This clause applies whether or not that material was posted or authorized by you.
- a. If you are dissatisfied with the Website or any content or materials on it, your only remedy is to discontinue your use of it.
- b. You agree that any unauthorized use of the Website as a result of your negligent act or omission would result in irreparable injury to us and we will treat any such unauthorized use as subject to these Terms.
- c. We will take reasonable precautions to ensure the Website is safe to use, but we do not warrant that this Website is virus free or free from anything which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. We are not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or of our services. This includes anything that happens when you download material from the Website.
- d. While we take reasonable measures to ensure the constant availability of the Website, we do not warrant that this Website will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, outages may occur. We may need to restrict or suspend access to this Website from time to time to allow for repairs, maintenance or the introduction of new facilities or services.]
- e. It is your responsibility to have suitable browser or third party software to view and transact on this Website. We do not accept any responsibility for any loss of functionality that is dependent on the technology you use.
6. LINKS TO THIRD PARTY SITES
- a. This Website may contain links to other websites. We make no representations or warranties as to the content, validity, privacy practices and other practices of any websites operated by a third party and we do not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites that you visit in order to understand their procedures.
- b. If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. We do not endorse and are not responsible for the use of, or the content of, any third party websites.
7. SUSPENDING AND TERMINATING YOUR ACCOUNT
- a. We reserve the right to suspend or terminate access to the Website at our sole discretion and without notice.
- b. Without prejudice to any other rights and remedies under these Terms or at law, we may choose to take other technical and/or legal steps against any person who creates problems or possible legal liabilities of any kind, who infringes and acts inconsistently with these Terms, our policies or any relevant law.
8. REPRESENTATIONS AND WARRANTIES
- a. You undertake, represent and warrant that:
- i. if you are a corporate representative, you have authority to bind the corporate entity;
- ii. you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website;
- iii. you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the buying process, or anywhere on the Website including the feedback area, discussion forum or through any e-mail feature of the Website intended to bypass use of the Website;
- iv. you will not use contact information provided to you during the course of a transaction on the Website to solicit additional sales offline or on another website;'
- v. you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
- vi. you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws; and';
- vii. you will comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website and the ordering of Products.
- b. To the extent allowed under law, we (and those we work with to provide the services):
- i. disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement);
- ii. do not guarantee that the services will function without interruption or errors, and
- iii. provide the service (including content and information) on an “as is” and “as available” basis.
- c. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
9. EXCLUSION OF LIABILITY
- a. All Products and services sold by us are subject to their applicable warranties and representations of their respective manufacturers. Accordingly, we make no representation or warranty with respect to any Product or service sold.
- b. Ellaycom takes all care to ensure that the Partners understand their obligations under law. You understand and agree that claims in relation to the Products should be brought against the Partners directly. Claims and complaints about the quality of the Products (including in relation to any damage or loss arising from your purchase of, or use of, the Products) is the sole responsibility of the Partners. Ellaycom will not be liable for any such damage or loss at any time, for any reason.
- c. To the extent permitted under the law (and unless we have entered into a separate written agreement that supersedes this agreement), we may not be held liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
- d. In no event shall our liability (and those that we work with to provide the Products) exceed, in the aggregate for all claims, an amount that equals the aggregate of the fees paid to us for the Product in question. This limitation of liability is part of the basis of the agreement between you and us in relation to the Website and its services and will apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if we have been informed of the possibility of any such damage, and even if these remedies fail their essential purpose.
- e. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
10. ELECTRONIC COMMUNICATION
- a. To fulfil our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
- b. We may also send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating the relevant setting for your account or by calling or emailing our contact centre or by following the link at the end of any promotional email to unsubscribe.
11. INTELLECTUAL PROPERTY RIGHTS
- a. Except as set out otherwise within these Terms, the intellectual property rights in and relating to the content on the Website is owned and controlled by us, or our licensors (as appropriate).
- b. You are only permitted to access and use this Website for personal purposes. You may not use the Website or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
- c. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website.
- d. Ellaycom and the Ellaycom logo are trademarks of the company.
12. FORCE MAJEURE
- a. Neither party will be liable to the other under these Terms (or any other agreement between the parties), for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
13. RELATIONSHIP AND NOTICE
- a. None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and us and you will have no authority to bind us in any manner whatsoever.
- b. If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms.
- c. These Terms (as amended from time to time in accordance with its terms) sets out the entire understanding and agreement between you and us with respect to the use of the Website.
- d. 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.
14. GOVERNING LAW AND JURISDICTION
- a. These Terms are governed by and construed in accordance with the federal laws in force in the Emirate of Dubai, the United Arab Emirates. You agree to submit to the exclusive jurisdiction of the courts of Dubai.