Terms of Service
Terms of Service
These Terms of Service apply to our website and its associated subdomains (collectively, our “Service”). These Terms of Service are a contract between you and Elcara L.L.C-FZ (referred to herein as “Elcara”, “us”, “we”, or “our”), the provider of the Service.
By accessing or using our website and/or Service, you signify that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and/or our Privacy Policy, please do not use Elcara’s Service.
In these Terms of Service, “you” refers both to you as an individual and to an entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
General Terms
By accessing and placing an order with Elcara, you confirm that you are in agreement with and bound by the terms contained in these Terms of Service outlined below. These terms apply to the entire website and any e-mail or other type of communication between you and Elcara.
If your use of materials from our website results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. Elcara will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise these Terms of Service and our Privacy Policy at any time.
Definitions and Key Terms
To help explain things as clearly as possible in these Terms of Service, every time any of these terms are referenced, they are strictly defined as follows:
- Company: When these Terms of Service mention “Company,” “we,” “us,” or “our,” it refers to Elcara L.L.C-FZ that is responsible for your information under these Terms of Service.
- Country: Where Elcara or the owners/founders of Elcara are based; in this case, it is the UAE.
- Customer: Refers to the company, organization, or person that signs up to use the Elcara Service.
- Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Elcara and use the Service.
- Personnel: Refers to those individuals who are employed by Elcara or are under a contract to perform a service on behalf of one of the parties.
- Service: Refers to the service provided by Elcara as described in the relative terms (if available) and on this platform.
- Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- You: A person or entity that is registered with Elcara to use the Services.
Eligibility
By using our Service and/or accessing our website, you represent and warrant that:
(a) You are over the age of majority and able to enter into a legally binding contract in the country in which you reside;
(b) You have full power and authority to enter into this Agreement;
(c) You have not been previously suspended or removed from using our Service; and
(d) You have not been placed on any of the sanctions lists published and maintained by the United Nations Organization, European Union, any EU country, UK Treasury, and US Office of Foreign Assets Control (OFAC).
If you are using the Service on behalf of a legal entity, you represent and warrant that:
(a) Such legal entity is duly organized and validly existing under the applicable law of the jurisdiction of its organization;
(b) You are duly authorized by such legal entity to act on its behalf; and
(c) Any beneficial owner of the legal entity, director, employee, service provider, or any other individual in any way connected with the said legal entity has not been placed on any of the sanctions lists published and maintained by the United Nations Organization, European Union, any EU country, UK Treasury, and US Office of Foreign Assets Control (OFAC).
You must be eligible for the particular Service to the extent it is available in your country. If we present an incorrect country for you or you move countries, then you must correct the country in your account or contact support before using the Service again.
License
Elcara grants you a revocable, non-exclusive, non-transferable, limited license to access and use the website strictly in accordance with the terms of these Terms of Service (hereinafter also referred to as the “Agreement”).
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Elcara or its affiliates, partners, suppliers, or licensors of the website.
Identification and Prevention of Fraud
Identification and Prevention of Fraud
Where Your Personal Information Is Held
Your information may be stored at:
- The information you provide about yourself and your use of the Service must be complete and accurate at the time provided, and you must keep this information up-to-date.
- To the extent the applicable law allows, we and/or our service providers may verify your identity.
- You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have notified us that your account or credentials have been compromised.
Payments
Your payment provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities with respect to your payment provider. By providing Elcara L.L.C-FZ with your credit card number and associated payment information, you agree that Elcara is authorized to verify information immediately and subsequently invoice your account for all fees and charges due and payable to Elcara hereunder and that no additional notice or consent is required. You agree to immediately notify Elcara of any change in your billing address or the credit card used for payment hereunder. Elcara reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by email delivery to your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and Elcara for the Service until Elcara accepts your order by a confirmatory email, SMS message, or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when using the Service.
Return and Refund Policy
We appreciate your interest in our offerings and want to ensure you have a rewarding experience while exploring and purchasing our services.
As with any transaction, there are terms and conditions that apply to purchases made at Elcara. By placing an order or making a purchase with Elcara, you agree to these Terms of Service and Elcara’s Privacy Policy.
As with any transaction, there are terms and conditions that apply to purchases made at Elcara. By placing an order or making a purchase with Elcara, you agree to these Terms of Service and Elcara’s Privacy Policy.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Elcara regarding the website shall remain the sole and exclusive property of Elcara.
Elcara shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.
Links to Other Websites
These Terms of Service apply only to the Service provided by Elcara. The Service may contain links to other websites not operated or controlled by Elcara. We are not responsible for the content, accuracy, or opinions expressed on such websites, nor are they monitored for accuracy or completeness by us.
When you use a link to visit another website, our Terms of Service are no longer in effect. Your browsing and interactions on any other website are subject to that website’s rules and policies.
Changes to Our Terms of Service
You acknowledge and agree that Elcara may stop (permanently or temporarily) providing the Service (or any features within the Service) to you at its sole discretion, without prior notice. You may stop using the Service at any time without needing to inform Elcara.
If Elcara disables access to your account, you may be prevented from accessing the Service, your account details, or any files associated with your account.
If we decide to change our Terms of Service, we will post the updated terms on this page. If you continue to use the Service after the changes, you agree to be bound by the updated Terms of Service. If you do not agree to the updated Terms, you are no longer authorized to use Elcara’s Service and should delete your account.
Modifications to Our Website
Elcara reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service it connects to, with or without notice and without liability to you.
Updates to Our Website
Elcara may provide updates or enhancements to the features or functionality of the website, including patches, bug fixes, upgrades, and other modifications (“Updates”).
These Updates may modify or remove certain features of the website. You agree that Elcara is not obligated to (i) provide any Updates or (ii) continue supporting specific features. All Updates will be considered part of the website and subject to these Terms of Service.
Third-Party Services
We may display or link to third-party content, services, or websites (“Third-Party Services”).
Elcara is not responsible for the accuracy, completeness, or legality of any Third-Party Services. Accessing Third-Party Services is entirely at your own risk and subject to their terms.
Term and Termination
This Agreement remains effective until terminated by you or Elcara.
Elcara may suspend or terminate this Agreement at its sole discretion, with or without prior notice, for any or no reason.
This Agreement will terminate immediately without prior notice if you fail to comply with any of its provisions. You may also terminate this Agreement by deleting your account and all copies of the website from your devices.
Upon termination, you must cease all use of the website and delete all related files. Termination does not relieve you of any outstanding payment obligations or liability for breaches of these Terms.
Certain provisions, including those related to Suggestions, Indemnification, and Disclaimer of Warranties, will survive termination.
Copyright Infringement Notice
If you are a copyright owner or the owner’s agent and believe any material on our website constitutes an infringement of your copyright, please contact us with the following information:
(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) Identification of the material that is claimed to be infringing;
(c) Your contact information, including your address, telephone number, and email;
(d) A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner; and
(e) A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the copyright owner.
Indemnification
You agree to indemnify and hold Elcara L.L.C-FZ and its parents, subsidiaries, affiliates, shareholders, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your:
(a) Use of our website;
(b) Violation of these Terms of Service or any law or regulation; or
(c) Violation of any right of a third party.
Disclaimer of Warranties
Our website is provided to you “as is” and “as available,” with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, Elcara, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or trade practice.
Without limitation to the foregoing, Elcara does not warrant or represent that:
(i) The website will meet your requirements, achieve intended results, or operate without interruption;
(ii) The website will be free from errors, viruses, or harmful components;
(iii) The information, content, or materials on the website will be accurate, reliable, or up to date; or
(iv) Any defects or errors will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory rights, so some or all of these exclusions and limitations may not apply to you.
Limitation of Liability
To the maximum extent permitted under applicable law, Elcara and its parents, subsidiaries, affiliates, shareholders, officers, employees, agents, partners, suppliers, and/or licensors shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, data, business interruption, or personal injury) arising out of or in any way related to the use of or inability to use our website.
The entire liability of Elcara under any provision of this Agreement shall be limited to the amount actually paid by you during the course of using our website.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be modified and interpreted to achieve the objectives of the provision to the greatest extent permitted by applicable law, and the remaining provisions will remain in full force and effect.
These Terms of Service, together with the Privacy Policy and any other legal notices published by Elcara L.L.C-FZ on the Service, constitute the entire agreement between you and Elcara concerning the Services. You and Elcara agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Waiver
Except as provided herein, Elcara’s failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Elcara.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any Elcara right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms of these Terms of Service shall govern.
Entire Agreement
These Terms of Service (which include and incorporate the Elcara Privacy Policy) constitute the entire agreement between you and Elcara regarding your use of our website and supersede all prior and contemporaneous written or oral agreements between you and Elcara concerning its subject matter. These Terms cannot be changed or modified by you.
You may be subject to additional terms and conditions when you use or purchase other services from Elcara, which will be provided to you at the time of such use or purchase.
Assignment and Third-Party Beneficiaries
You must not assign your rights or obligations under these Terms of Service to anyone without prior written consent from Elcara. We may delegate performing our obligations and may assign our rights and obligations under these Terms of Service to our affiliates at any time for any reason without notice to you.
Intellectual Property
Our website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof) are owned by Elcara, its licensors, or other providers of such material. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Elcara, unless expressly permitted in these Terms of Service. Any unauthorized use of the material is prohibited.
We reserve all rights not expressly granted to you in these Terms of Service. The Service is protected by trademark, copyright, patent, and other laws of the UAE, United States, and other countries. We own all rights, title, and interest in and to the Service, along with all Intellectual Property Rights therein. Your use of the Service is subject to these Terms of Service, and these Terms do not grant you any rights to our Intellectual Property or the Intellectual Property of our licensors, licensees, or partners.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or jurisdiction.
Governing Law
These Terms of Service are governed by the laws of the UAE without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction of the UAE courts for any action or dispute arising under or in connection with these Terms of Service.
The term “dispute” means any dispute, action, or other controversy between you and Elcara concerning the Service or these Terms of Service, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The term “dispute” will be given the broadest possible meaning allowable under applicable law.
Notice of Dispute
In the event of a dispute, you or Elcara L.L.C-FZ must provide the other with a written Notice of Dispute. This notice must include the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. Notices of Dispute must be sent via email to: info@elcara.xyz. Elcara will send any Notice of Dispute to you by mail to your address if we have it or otherwise to your email address.
Both parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If a resolution is not reached within sixty (60) days, either party may pursue formal legal action.
Dispute Resolution
If a dispute cannot be resolved through informal negotiation, it shall be settled by the UAE courts. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction to protect their rights or property pending the completion of the trial. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
Any ideas, suggestions, designs, photographs, information, advertisements, data, or proposals submitted to Elcara, including those for new or improved products, services, features, technologies, or promotions, will automatically be treated as non-confidential and non-proprietary. These submissions will become the sole property of Elcara without any compensation or credit to you. Elcara and its affiliates shall have no obligations with respect to such submissions and may use the ideas contained in these submissions for any purpose in any medium, including developing, manufacturing, and marketing products or services.
Typographical Errors
In the event that a product or service is listed with incorrect information or pricing due to typographical errors, Elcara reserves the right to refuse or cancel any orders placed under these incorrect conditions. If your credit card or payment account has been charged for such an order, and the order is canceled, Elcara will issue a refund immediately for the full amount charged.
Miscellaneous
Elcara will be entitled to injunctive or other equitable relief (without requiring the posting of a bond or surety) in the event of a breach or anticipatory breach by you. Elcara operates and controls its services from its offices in the UAE. Access to our services from jurisdictions where such use is prohibited is done at your own initiative and responsibility.
Section headings in this Agreement are for convenience only and carry no legal weight.
Disclaimer
Elcara is not responsible for any content, code, or inaccuracies on the website. Under no circumstances shall Elcara or its team be liable for any direct, indirect, special, incidental, or consequential damages (including loss of data or profit) resulting from the use of, or inability to use, the website or its contents, even if Elcara has been advised of the possibility of such damages.
Elcara reserves the right to modify, add, or delete content on the website without prior notice.
Elcara serves as a distributor, not a publisher, of third-party content. Elcara exercises no editorial control over such content and does not make any warranties or representations regarding its accuracy, reliability, or currency. Similarly, Elcara disclaims all warranties and representations in content provided through third-party links or related services.
No oral advice or written information provided by Elcara or its affiliates, employees, officers, directors, or agents will create any warranty not expressly stated herein.
