TERMS for using this Site

Read the terms and conditions carefully before you proceed with the signup and registration process. These terms and conditions control your access to and use of Eliya Digital website (the “Site”), including the use of any content, information, products and/or services (the “Services”) therein.

This legal Agreement is entered between you and us (“Eliya Digital”, “Company”). We reserve the absolute right to modify, end or terminate the Site and Services at any time, or modify the Terms of Service without notice. It is the user’s responsibility to check these Terms of Service periodically for changes. When you continue to use or access the Site and/or Services after the Company makes and posts any such modification, you automatically agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without the Company’s express written consent.

YOU ARE AUTOMATICALLY BOUND BY THE TERMS OF SERVICE WHEN YOU START USING THE SERVICES OFFERED BY THE COMPANY THROUGH THE SITE. THE SAME APPLIES TO YOUR ELIYA DIGITAL ACCOUNT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT PROCEED WITH THE ACCESS OR USE OF THE SERVICES OFFERED BY THE COMPANY.

  1. Use Of The Site
  • Eligibility

Eliya Digital will only purposefully deliver the Site to parties that can lawfully enter into and form contracts under applicable law. The website and its access are designed for adults from 18 years of age. If you are at least 13 years old, you may use the Eliya Digital Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms Of Service. We do not recommend that no children under 13 access and use our website and its contents.

  • Compliance With Terms Of Services and Applicable Law

When you sign up and use our website, you are obliged to comply with all of the terms and conditions, the contractual agreements, the privacy policies, and all applicable laws, regulations and rules.

  • Third-Party Services

Eliya Digital may use third parties to provide certain services accessible through the Site. Eliya Digital does not control those third parties or their services, and you agree that the Company is no more liable to you for your use of such services. These third parties may have terms of use and other policies you must comply with.

  1. Rules To Use The Site

Prohibited Use (Except as may be expressly permitted by Eliya Digital)

  • You may not interfere with the Eliya Digital Site or use malware, programs, or technology designed to disrupt or damage any software or hardware.
  • You must not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Eliya Digital Site.
  • You may not use a robot, bug, spider or other device or process to monitor the activity on or copy pages from the Site, except in operation or use of an internet “search engine”, hit counters or similar technology.
  • Using the Eliya Digital Site, you may not collect third-party electronic mail addresses or other information.
  • You may not use meta tags, search terms, key terms, or the like that contain Eliya Digital’s name or trademarks.
  • You may not assist, encourage or engage in any activity that interferes with another user’s ability to use or enjoy the Eliya Digital Site.
  1. Submission

You permit Eliya Digital to use your submissions (Questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”)) for marketing and other promotional purposes.

You agree that Eliya Digital will have no obligation to keep any Submissions confidential in this case. And, you will not bring a claim against Eliya Digital based on “moral rights” or the like arising from Eliya Digital’s use of a Submission.

  1. Representation and Warranties

You represent and warrant to Eliya Digital that, in your use of the Eliya Digital Site, you will not violate the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal rights of any third party and will comply with all applicable laws, rules, and regulations.

  1. Disclaimers, Exclusions and Limitations
  1. Disclaimer of Warranties

Eliya Digital provides the Site and any Eliya Digital service on “As Is” and “As Available Bases.” Eliya Digital doesn’t warrant that the Site its use will be uninterrupted, free of inaccuracies, meet your requirements or operate in the configuration with the hardware or software you use

  1. Exclusion of Damages

Eliya Digital will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages(including damages relating to lost profits, lost data or loss of goodwill) associated with the use of the Eliya Digital site.

  1. Limitation of Liability

Except for a breach of a party’s representations and warranties under these terms of service or in connection with your indemnity obligations under these terms of service, in no event will the liability of either party in connection with these terms of service exceed the greater of either the amount paid or payable by Eliya Digital to you during the six months immediately preceding the event that gives rise to such liability or $100.

  1. Indemnification

You will indemnify and hold Eliya Digital and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expenses (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these terms of service.

If you have to indemnify Eliya Digital under this Section, Eliya Digital will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Eliya Digital’s express written permission.

  1. Termination

Termination

Eliya Digital may suspend or terminate your use of the Site if it believes, in its sole and absolute discretion, that you have breached a term of these terms of service.

Survival

These terms of service will survive indefinitely unless and until Eliya Digital decides to terminate them.

Effect of Termination

You can terminate your account with Eliya Digital anytime for personal or other reasons. In the same way, Eliya Digital also can close your account for critical issues, if any, at any time. In both cases, we hold the right to delete or remove any Submissions or materials relating to your use of the Eliya Digital Site on Eliya Digital’s servers or otherwise in its possession. Eliya Digital will have no liability to you or any third party for doing so.

Notices

All notices required or permitted to be given under these terms of services will be in writing and delivered to the other party by any of the following methods: (i) mail, (ii) overnight courier, or (iii) email.

If you give notice to Eliya Digital, you must use the following addresses:

Eliya Digital Office
ELISETORPSVÄGEN 7 B
Arlov 232 33 - Sweden

  1. Dispute Resolution

This Agreement shall be construed and performed in all respects and shall be governed by the applicable laws, and the parties irrevocably submit to the exclusive jurisdiction of the courts. If there arises a dispute or conflict between both parties, we must attempt to settle the same under mutual discussions and engage in good faith with each other before moving into arbitration or litigation.

  1. Miscellaneous

These terms of service will be binding upon each party hereto and its successors and permitted assigns and governed by and construed per the applicable laws without reference to conflict of law principles. These terms of services will not be assignable or transferable by you without the prior written consent of Eliya Digital.

We may freely assign or transfer any rights granted by you to Eliya Digital under these terms of service. The headings are meant for convenience and easy understanding only. They do not constitute a part of these terms of services and shall not limit or affect any of the clauses hereof.

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