Elabelz LLC ("Elabelz LLC", "we", "us", or "our") is a company registered in the United States of America, with a registered office in Los Angeles, California and Head Quarters in Dubai Investment Park I, Dubai in the United Arab Emirates.
Elabelz LLC’s registration number is
Elabelz LLC owns and operates http://www.elabelz.com (the "Website") that offers a service that gives you (person using the Services) access to fast fashion clothing and accessories ("Products") from International and local fashion brands. Elabelz LLC combines expertly curated products and proprietary technology to deliver a hassle-free, safe, and personalized online shopping experience.
The following Terms & Conditions (together with all information and policies contained in the Elabelz LLC "Customer Support" pages on the Website, or any other documents referred in these Terms & Conditions explain the legal terms that apply to your use of the Website, the mobile application entitled "Elabelz LLC" (the "App"), the services offered through the Website and App, and any orders that you place (collectively, the "Services").
Please read the following Terms and Conditions carefully to understand them, before you make use of the Services. By using the Services, creating an Account, ordering a shipment, purchasing Products, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms & Conditions, and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms & Conditions, you should leave the Website immediately and you may not access or use the Services.
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Website with no other notice provided. Please check these Terms & Conditions regularly for updates. Your continued use of the Website following the posting of changes to these Terms & Conditions of use constitutes your acceptance of those changes.
At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address, when you create an account, and you may update it by modifying the information when logged in to your Account. For existing users of the Services, any changes to these Terms & Conditions will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of Services, including purchasing Products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes.
1. USING THE WEBSITE
We grant you a non-transferable and revocable license to use the Website, under the Terms & Conditions described, for the purpose of shopping for personal items sold on the Website. The Website may not be used to order items in bulk for resale. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
Please note, when you shop on the Website, you are making purchases from third-party retailers (Brand Partners) on the Website. That means the contract for purchase is between you and the Brand Partner you purchase from. Elabelz LLC is only an agent, authorized to conclude the contract on behalf of the Brand Partner. You do not purchase directly from us and we are not a party to the contract.
Any breach of these Terms & Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this Website is solely for informational purposes. Product representations expressed on this Website are those of the Brand Partners vendor and are not made by us. Submissions or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions.
You must be at least 18 years of age, or are accessing the Website under supervision of a parent or legal guardian.
The Services offered on the Website allow you to browse and purchase products from local and international Brand Partners. Additional services offered on the Website facilitate delivery and logistics, and customer service, free of charge. As providers of delivery and logistics services, you enter into an agreement for delivery services with us. This agreement is concluded when your purchased products have been delivered to you. You may be charged for delivery and logistics services. All shipping costs are displayed at Checkout.
We make sure all Brand Partners on the Website employ business policies that match our business policies. We are not responsible for third-party business policies. If you are dissatisfied by the product or service delivered by the Brand Partner, we will get in touch with the relevant partner and help resolve the issue.
Certain services and related features available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Website. You can subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
When we provide Services, we are bound by these Terms & Conditions. If we breach the Terms & Conditions, we are liable for any loss or damage that is a forseeable result of the breach. However, we are not responsible for any loss or damage as a result of unforseeable circumstances. Forseeable loss or damage includes any obvious consequence of breaching or contemplation by you and us. We do not in any way exclude or limit our liability to (a) death or personal injury caused by our negligence; (b) fraud or fradulent misrepresentation; (c) any other liability which cannot be limited by law.
3. TYPES OF USERS OF SERVICES
You may simply browse the Website or App as a visitor or you may create an account ("Account") to become a client ("Client"). Please note, you must be a Client to order on http://www.elabelz.com.
To use Website Services, you must provide your name, email address, other registration information, and select a password ("Account Information"), which you should not share with any third parties. Alternatively, you can create an account and use Services using a valid social networking service ("SNS") account, by entering your SNS credentials and connecting to the Services. In order to use Services, you represent and warrant that: (a) all required Account Information you submit is true and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about your shopping preferences in order to establish your account profile ("Elabelz Profile"). In order that the Services work best for you, please keep your Elabelz Profile up to date. Also please keep your Account Information confidential.
If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to use the Services. If we later discover or suspect that a person under 18 years old has made a purchase, we reserve the right to take steps to cancel that purchase.
We created interfaces that allow you to connect with SNS's such as Facebook through the Services. By connecting your SNS account to the Services, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees. By granting us access to your SNS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SNS account ("SNS Content") accessible through the Services so that it is available on your Account. Unless otherwise specified in the Terms & Conditions, all SNS Content will be deemed Your Content for all purposes of the Terms & Conditions. Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available on and through your Account on the Services. Please note that if an SNS account or associated service becomes unavailable or the Services' access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and you may have difficulty accessing the Services. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.
All products sold by Brand Partners on the Website are for personal use only. Commercial use, re-sale or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you face any loss as a result of any commercial activities involving any products purchased on the Website, Elabelz LLC and relevant Brand Partners will not bear any liability or loss.
We make sure our products are 100% genuine, sourced only from orginal fast fashion brands all over the world. We do not allow the sale of substandard, faulty or imperfect products. If you ever receive an imperfect or substandard product, please return it to the Brand Partner and we will arrange a return, exchange or full refund.
Please note, not all brands and stores supply products with authenticity cards or serial numbers.
We display products on the website with prices, descriptions and images provided by the Brand Partners. While we try to provide the most accurate visual and written details for all products, we cannot guarantee that all details are always accurate. The images and colors displayed on the products are for illustrative purposes only. If you find any discrepancy with the product delivered and the product on the website, please contact us immediately.
5. ACCEPTANCE & PRICING
You must be 18 or above to place an order on the Website, and use a valid Credit or Debit Card. The Website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information provided by the Brand Partner on the Website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
As mentioned earlier, Elabelz LLC does not determine the prices of its Products. All Brand Partners determine the price of their products and where their products will be distributed. You are responsible for paying for all Products you purchase, unless you return the Products in accordance with our Returns Policy. You are responsible for the payment of any Shipping Fees, and taxes and duties, and local sales taxes that apply to your order. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Elabelz LLC provides certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of duties and taxes, and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
6. ORDERS, SHIPMENTS, RETURNS, & EXCHANGES
Elabelz Orders. When you visit the Website, you choose from a variety of Products sourced by Elabelz LLC from Brand Partners, at your sole discretion. When you make a purchase on the Website, you automatically agree to these Terms & Conditions. You also consent to buying directly from the relevant Brand Partner, and you agree to get into a purchase contract with the Brand Partner. You also agree to purchase the product on the price set by the Brand Partner. We do not set prices or control distribution of goods. Once you Checkout, it is the legal responsibility of the Brand Partner you purchase from to supply high quality products to you. Once you receive the order, you are legally responsible for the product.
To make sure the product is timely delivered to you, review all personal details including, name, number, email address and delivery address. In some cases we verify your identity and details to proceed with payment approvals.
Elabelz Confirmation & Shipment. Before you confirm your order, please review the product specifications including quantity, size and color, and your own personal details. These Terms & Conditions will govern any purchase transaction. We may refuse to ship to any address for any reason including it is outside the geographic area that we serve or it is to an address that we determine is associated with fraudulent purchases or the Brand Partner refuses to ship to that location or the local customs of your country restrict those products. Once you confirm your order after reviewing all details, we will send you an email confirming the receipt of your order. Please note, this is not an order confirmation email. Once the Brand Partner confirms the order, you will receive an order confirmation email, and you will automatically be in contract with the Brand Partner. This email includes your order, delivery and shipment details. The email will also advise steps on how to cancel or make amends to the order.
Returns. We accept any returns within 14 days of delivery, if your returned items meet our Returns Policy. If you want to return any of the Products, simply place them in the return protective package we provide and mail them back to the Brand Partner. All returned products must be postmarked no later than fourteen (14) days after you receive the package and must be unworn and in the original condition. You will retain title to the Products, and risk of loss of the Products will remain with you until the Brand Partner receives the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
Exchanges. If you want to exchange any of the Products (e.g., for a different size), you can request an exchange by accessing your account and proceeding through the checkout flow. If an exchange is available for a particular Product, you will be given the choice to exchange. An exchange may not be available in all cases. If you choose to receive an exchange, return the original Product in the prepaid return package no later than fourteen (14) days. The exchange Product will be sent separately to you. If you fail to return the original Product or if the original Product is damaged or shows signs of wear, Elabelz LLC may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you can return it in the pre-paid return protective package within fourteen (14) days of your receipt of the exchange Product.
Legal Details. Your confirmation on Elabelz LLC is an offer to purchase the Products on the Website. We may accept your offer by processing your order and payment and shipping your purchase. For any reason, we may decline to accept your order request. If we decline to accept your request, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
7. PAYMENT & SHIPPING FEE
Elabelz LLC accepts multiple modes of payment. For more information on the methods of payment we accept, please see ‘What payment methods does Elabelz accept?’ or ‘How can I pay for my order?’ in our FAQs section.
You may pay for the product and the Shipping Fee via Credit or Debit Card or Cash on Delivery (if applies) or other payment methods available on the Services. If you have Store Credit in your Account at the time of order processing, the Store Credit will be applied before we charge your Credit/Debit Card or other payment method. By submitting your payment information to us, you authorize us to charge your Credit/Debit card or other payment method in accordance with this policy, including for Products that are returned late or damaged.
You represent that you will not use any Credit/Debit Card or COD or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your Credit/Debit Card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your Card or other payment methods. When we receive your order and payment details, we carry out a standard pre-authorization check on your Credit/Debit Card, on behalf of the Brand Partner. Please note, your order will not be dispatched until all your relevant details are verified.
Once your details are verified, and the Brand Partner has accepted and approved your order, you will receive an order confirmation email. Elabelz LLC reserves the right to not submit your order, and Brand Partners reserve the right to not accept your order if the product you ordered is unavailable, has been withdrawn, is out-of-stock, or your details have not been verified, or your payment has not been received or if you are under the age of 18.
When we ship your purchase, we will charge you a non-refundable "Shipping Fee" in the amount set forth on the Services. The Shipping Fee will be charged to your Credit/Debit Card or other payment method between the time the order is placed and we ship your package. If you wish to return your products, you will have to return within fourteen (14) days of receiving your order.
If you place a Cash On Delivery order, we will charge you a COD fees in the amount set forth on the Services. The COD fee will be included in your total amount.
If you make a purchase from UK or any EU country, all prices will include VAT by the Brand Partner. Delivery charges are not included in the Total Price displayed at Checkout, and delivery charges will be added to the Price. Please note, all delivery charges depend on the product and delivery destination. For more shipping fee and details, please visit the Orders & Shipping section.
If you order from a DAP country (Delivery At Place), the amount you pay at Checkout excludes import duties and sales tax. In this case, you will have to pay duties and taxes directly to the carrier to clear customs. Neither we nor the Brand Partner can set or control the import or duties amount. We recommend contacting your local customs office or tax authority to receive an estimate tax and duty amount before placing your order. When you reach the Checkout page, it will be clearly mentioned whether the import duties are included or excluded in your Total amount.
If you are a customer shipping to the US, please note that we do not collect sales or use tax in all states. We do not collect use tax for international purchases. If the state you are ordering from imposes sales or use tax, then your purchase will automatically be subject to taxes, unless specifically exempt. There are many US States that require customers to file a sales or use tax return at the end of the year to report any taxable purchases that were not taxed, and to pay the required tax amount on those purchases.
If any customer returns an item, then taxes and duties will be refunded if they were included in the total purchase price. If the price excludes the duties and taxes, then the customer must reclaim the duties and taxes directly from the local customs office.
Elabelz delivers to 190 countries worldwide, and purchase orders being delivered to international destinations may be subject to duties and taxes. Some countries also restrict the entry of some products, and we will not be liable if you breach any such laws.
Your orders are directly shipped from the Brand Partner. In case you order multiple items from multiple brands, then your products will arrive separately. If no one is available to sign for your order at the delivery address submitted by you, our delivery partner will contact you and it will be your responsibility to rearrange the delivery.
Please find the most suitable delivery option for your order at Checkout. And for more information visit, Orders & Shipping.
Estimated delivery times depend on the availability of products, and your location. Your order will be hand-delivered by a select courier service within the estimated times stated in the order confirmation email. In case you do not receive an estimated time of delivery, then your order will be delivered within 30 days after dispatch. We try to follow our shipping schedule effectively to minimize delays of any kind, however, estimated delivery times are estimates only and together with the Brand Partner, we ensure your shipment reaches you on time. If your delivery is delayed because of customs procedures, or your order is held because of failed payment approvals, we are not liable to you for any loss as a result of such a delay.
9. ACCESS TO THE SERVICES
With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an "App Store" and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third-party terms of the App Store (the "Usage Rules") when using the App. To the extent these Terms & Conditions provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms & Conditions are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms & Conditions and will have the right to enforce them.
Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the "Open Source Software"). Notwithstanding anything to the contrary in these Terms & Conditions, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
10. OWNERSHIP OF INTELLECTUAL PROPERTY
You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services ("Our Technology"), and the materials, information, and content made available or displayed by us through the Services (collectively, "Our Content") are: (a) copyrighted by us or our licensors under Unites States of America, United Arab Emirates andinternational copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors.
Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
Subject to these Terms & Conditions, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, non-commercial use (a) the App on any compatible device that you own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction.
Nothing in these Terms & Conditions grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms & Conditions. Furthermore, except for the limited license above, nothing in these Terms & Conditions will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Elabelz LLC or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties' licenses and not by these Terms & Conditions.
11. CONTENT GUIDELINES
Please use good taste in any and all content, including text, links, images, and videos, you post ("Your Content") to our Services, in our forums, comments to our blog, or on any other page or website related to Elabelz LLC. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines or any other provision of these Terms & Conditions or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.
You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
12. GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk email; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
13. RIGHT TO SUSPEND
Elabelz LLC reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of products at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
15. MODIFICATIONS TO THE WEBSITE OR SERVICES
We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
17. THIRD PARTY CONTENT AND OTHER WEBSITES
Content from other users, brand partners, suppliers, advertisers, affiliates and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, Advertisers, Brand Partners, Affiliates and other third parties or violation of any third-party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. Any celebrity or public figure featured on elabelz.com has not endorsed or approved the products offered on Website.
The Services may also contain links to websites that are operated by us but which operate under different Terms & Conditions. It is your responsibility to review the Privacy Policies and Terms & Conditions of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third-party.
18. DISCLAIMER OF WARRANTIES
The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Elabelz LLC "with all faults" and on an "as is" and "as available" basis, unless otherwise specified in writing. Elabelz LLC makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Elabelz LLC for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms & Conditions.
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
19. LIMITATION OF LIABILITY
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfilment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third-parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, partners or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (AED200.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third-parties.
You agree to indemnify, defend and hold harmless Elabelz LLC, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms & Conditions; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.
21. GENERAL TERMS
These Terms & Conditions, and any action related thereto will be governed and interpreted by and under the laws of the UAE, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
These Terms & Conditions shall be interpreted and governed by the laws in force in Dubai, United Arab Emirates. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms & Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, the Website reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms & Conditions, are included only to help make these Terms & Conditions easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
These Terms & Conditions constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms & Conditions, or portion thereof, to be unenforceable, that provision of the Terms & Conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms & Conditions will continue in full force and effect.
We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries.
Even after your rights under these Terms & Conditions are terminated, all provisions of these Terms & Conditions which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided. Please report any violations of these Terms & Conditions to firstname.lastname@example.org.
All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the Website also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved.
We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Services that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our copyright agent for notice of claims of copyright infringement on the Services is:
Address: Dubai Investment Park I
Telephone: 800 3522359
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms & Conditions or revoke any or all of your rights granted under the Terms & Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of ELABELZ General Trading LLC in operating the Site, your sole and exclusive remedy is to discontinue using the Site.