By signing up for, or using the Eleiss services or any of the services of Eleiss you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Eleiss under the Terms of Service include various products and services to help you market/sell goods and services to buyers and/or use of online system for business processes. Any such services offered by Eleiss are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at terms. Eleiss reserves the right to update and change the Terms of Service by posting updates and changes to the Eleiss website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- To access and use the Services, you must provide your full legal name, current address, phone number, a valid email address, GST Details and any other information indicated as required.
- You acknowledge that Eleiss will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure, whenever provided for services where it is applicable. Eleiss cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your website, apps, store and social media accounts.
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Eleiss will result in an immediate termination of your services.
- Technical support is only provided to paying customers and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Gujarat and the laws of India applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Surat with respect to any dispute or claim arising out of or in connection with the Terms of Service.
- You acknowledge and agree that Eleiss may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Eleiss website, available at terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Eleiss website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Eleiss service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Eleiss.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Eleiss or Eleiss trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Eleiss shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Eleiss’ prior written consent, to be given or withheld in sole discretion of Eleiss.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate services if we determine in our sole discretion that the goods or services offered via services, or the Materials uploaded or posted to a website, store, app or social media, violate laws of India, laws of customer’s Jurisdiction or laws of Jurisdiction of your business areas or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Eleiss customer, Eleiss employee, member, or officer will result in immediate service termination.
- Eleiss does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Eleiss employees and contractors may also be Eleiss customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding service ownership, we reserve the right to request documentation to determine or confirm service ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued ID, etc.
- Eleiss retains the right to determine, in our sole judgment, rightful service ownership and transfer a service to the rightful owner. If we are unable to reasonably determine the rightful service owner, Eleiss reserves the right to temporarily disable a service until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that Eleiss shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Eleiss or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Eleiss partners, officers, owners, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Eleiss does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Eleiss does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Eleiss does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of Eleiss to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Eleiss and govern your use of the Service, superseding any prior agreements between you and Eleiss (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Eleiss service. All Materials you upload/provide remains yours.
- By uploading or providing Materials, you agree:
- to allow other internet users to view the Materials you post publicly to your store;
- to allow Eleiss to store, and in the case of Materials you post publicly, display, your Materials; and
- that Eleiss can, at any time, review all the Materials submitted to its Service, although Eleiss is not obligated to do so.
- You retain ownership over all Materials that you upload to a Eleiss service; however, by making your service public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that:
- was in the public domain at the time we received it;
- comes into the public domain after we received it through no fault of ours;
- we received from someone other than you without breach of our or their confidentiality obligations; or
- we are required by law to disclose.
- Eleiss shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your business to promote the Service.
- You may establish the appearance of your Eleiss corporate website or store with a design template from Eleiss Template Viewer. You are licensed to use it for a single website/store only. You are not permitted to transfer or sell a Theme to any other person or company. Multiple websites/stores require multiple purchase of Eleiss Theme and each purchase is subject to the applicable charges.
- We may modify the Theme colors to suit your brand website. Eleiss may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of Eleiss. If you exceed the rights granted by your purchase, Eleiss may take legal action against you, and Eleiss may take administrative action such as modifying your website/store or terminating your service.
Payment of Charges
- You agree that you will pay for all the services and that Eleiss may charge you for any additional amounts including late fees, cheque/payment bounce charges, as applicable. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ELEISS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
- The total price will include the price of the services plus any applicable tax in effect at the time of purchase of service.
- All sales are final.
- Prices of services offered may change at any time, and this does not provide any price protection or refunds in the event of price reduction or promotional offering.
Cancellation and Termination
- You may cancel your service at any time by emailing email@example.com and then following specific instructions indicated to you in Eleiss response.
- Upon termination of the Services by either party for any reason:
- Eleiss will cease providing you with the support and you will no longer be able to access your service;
- you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Eleiss for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your service will be taken offline.
- If you purchased a domain name through Eleiss, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain.
- We reserve the right to modify or terminate the Eleiss Service or your service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Eleiss may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the service.
Modifications to Services and Price
Eleiss reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice. Eleiss shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third Party Services
- Eleiss may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Eleiss has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. Eleiss does not guarantee the availability of Third Party Services and you acknowledge that Eleiss may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Eleiss is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Eleiss is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances shall Eleiss be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Eleiss has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Eleiss partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Eleiss Confidential Informational
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. You agree that:
- Eleiss Confidential Information will remain Eleiss's exclusive property;
- you will use Eleiss's Confidential Information only as is reasonably necessary for your use of or participation in the Services;
- you will not otherwise disclose Eleiss Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Eleiss Confidential Information as those contained in these Terms of Service; and
- you will take all reasonable measures to protect the Eleiss Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.