These Terms of Service(this “Agreement”) are a legally binding contract by and between The laws of Zambia (“us”, “we”, “our”, or the “Company”) as a user of the products and/or services offered by through the website located at www.eleoragems.com (the “Site”).
- AGREEMENT AND UPDATES
1.2 Agreement Updates. We may modify the Services or update this Agreement from time to time, in our sole discretion, with or without notice. Continued access, installation, or use of the Services constitutes your agreement to such modifications and to be bound by an updated version of this Agreement.
- USER ACCOUNTS
- SUBSCRIPTIONS AND PAYMENTS
3.1 Subscriptions. A portion of the Services may only be accessible after enrolling in an ongoing paid subscription (a “Subscription”). The price of the Subscription is that which you select at the time of enrolment, and by enrolling in a Subscription you thereby agree to such recurring charges. The Subscription will continue unless cancelled by you through the Services. In the event we offer a free or reduced-price trial period, you may be automatically enrolled in a standard Subscription thereafter, unless cancelling the Subscription before the end of such trial period.
3.2 Purchases. The Services may allow for the purchase of goods or services, including those of unaffiliated third parties in a marketplace (“Purchases”). Such Purchases are governed by the applicable payment terms of your device application provider, for example, Apple Store In-App Purchase or Google Play In-App Purchase terms.
3.3 Taxes and Fees. The price paid for Services or Purchases may not include taxes and fees, you will receive a receipt that details all fees and taxes paid.
3.4 Failed Payments. It is your sole responsibility to maintain up-to-date payment information and have sufficient funds to process your payment. In the event of a failed payment, we, in addition to our payment processor, may charge you a fee. We may suspend or terminate your access to the Services in the event of nonpayment.
3.5 Refunds. We do not offer refunds for Purchases. In the event you cancel a Subscription prior to the end of that billing term, you will only be charged the pro rata amount for the Services already received during that billing term.
3.6 Payment Processing. Payments will be processed using third-party payment processors and subject to the section on Third-Party Services below. We are not liable for any payment processing errors, fees, or service-related issues that may arise related to processing payments.
- ACCEPTABLE USE POLICY
You acknowledge to have read, understand, and hereby agree to adhere to, the following conditions and acceptable use guidelines, as may be updated from time to time (our “Acceptable Use Policy”).You hereby agree not to:
(a) use language or transmit offensive or profane material, including profanity, obscenities, sexually explicit material, or excessively violent content;
(b) harass or threaten other users with behavior or language such as insults, prejudice, defamation, ridicule, libel, or threats;
(c) submit material that violates a third party’s rights, including the rights of privacy, publicity, or intellectual property, or soliciting private information from another user, including account details where applicable;
(d) post advertisements; (e) impersonate another person or misrepresent your affiliation with us or others;
(f) copy, translate, disassemble, decompile, reverse engineer, or otherwise modify, replicate, or create derivative works of the Services;
(g)access, download, or otherwise use the Services by automated means, including harvesting or scraping; or
(h) use the Services in any way that violates any applicable law.
- RIGHTS, INTELLECTUAL PROPERTY AND USER CONTENT
5.1 Right to Use the Services. Subject to the terms of this Agreement, and your adherence to such terms, we grant you a non-transferable, non-exclusive, right to access and use the Services for your personal or internal business purposes in accordance with the features and functions of the Services. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services;(b) modify, make derivative works of, dissassemble, reverse compile or reverse engineer, any part of the Services; (c) access the Services in order to build a similar or competitive service; (d) access the Services using automated means, whether through the use of bots, scrapers, or otherwise, unless permitted by this Agreement or when made available by us (e.g., API access). Except as otherwise permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Services is subject to the terms of this Agreement.
5.2 Company Content. All content, images, designs, layouts, code, interfaces, compilations, features, elements, technical data or data incidentally created through the use of the Services, and all copyrights, trademarks, service marks, trade names, or other intellectual property or proprietary rights (“Company Content”)is owned by us or our licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Company Content in whole or in part except as expressly authorized by us, our licensors, or this Agreement. Except for the terms of any license under this Agreement, neither our licensors nor we grant you any express or implied rights in or to the Company Content, and all such rights are retained and reserved to the fullest extent permitted under law.
5.4 License to Use User Content. In using the Services and thereby entering into this Agreement, you hereby grant, and represent and warrant that you have the right to grant, us an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute modify, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and grant sublicenses of the foregoing, solely for: (a) providing you the Services; and (b) creating and using aggregated and anonymized data for any purpose, such as for performance and use analytics, product development, or marketing purposes. You hereby waive any claims and assertions of moral rights or attribution with respect to your User Content.
5.5 Review of User Content. We do not review User Content, but we reserve the right to do so at any time and for any reason with or without notice. We may modify, restrict, flag, permanently delete, or remove User Content at any time in our sole discretion, including User Content that violates our Acceptable Use Policy or that we otherwise determine to be offensive, illegal, threatening, or that violates the rights of others.
5.6 DMCA and Copyright. The Digital Millennium Copyright Act of1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Services infringes their rights under U.S. copyright law. If you believe in good faith that material on the Services infringes your copyright rights, you (or your agent) may send us a notice requesting that such material be removed or access to it blocked. Federal law requires that your notification include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner notified of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact us with the above information so we can process your request.
5.7 Feedback. If you submit any feedback, comments, suggestions, or support requests on or through the Services (“Feedback”), you thereby assign us all right, title, and interest in such Feedback.
- THIRD PARTY SERVICES
In the event the Services link to, contain, use, integrate with, or access third-party services(“Third-Party Services”), you hereby acknowledge we do not control or operate nor are we responsible for the products, services, content, or reliability of any such Third-Party Services. Your relationship with the Third-Party Services is governed by and subject to the applicable agreement between a particular Third-Party Service and you.
You hereby agree to indemnify and hold us and our affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your: (a) use of the Services; (b) User Content; (c) violation of this Agreement, or (d) violation of any rights of another including, but not limited to, intellectual property or privacy rights.
THE SERVICES ARE PROVIDED “AS IS” AND “ASAVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF MERCHANTABILITY ,FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREIN
- LIMITATIONS OF LIABILITY
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING,PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL,SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OFDATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS ORFROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OFITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF ORIN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- GENERAL LEGAL
10.2 Notifications. By using the Services, you consent to the receiving notices, including this Agreement, in electronic form. Notices may be given via email or by posting to the Services. Any notices provided via email or given through the website will be deemed given and received on the date and time of transmission. In the event we send push notifications, you can opt-out of receiving such notifications in your website settings.
10.3 Sever ability. To the extent any provision of this Agreement is deemed invalid or unenforceable, that provision will be interpreted and enforced to the maximum extent permissible under law to give effect to the original intent of such provision with all other provisions remaining in full force and effect.
10.4 Additional Provisions. A failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. You may not assign this Agreement or delegate any obligations hereto. We may assign rights or delegate duties under this Agreement in connection with a merger, reorganization, redomicile, or the sale of all or substantially all of our assets. This Agreement will bind our successors and permitted assigns.
10.5 Applicable Law, Forum, and Venue. This Agreement is governed by the laws of the Republic of Zambia , without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the Lusaka High Court, Lusaka city, to which jurisdiction and venue both we and you each irrevocably consent.