Terms & Conditions

These terms and conditions apply to users of Ellen and Elysar’s website at www.ellenandelysar.com (the “Website”). Ellen & Elysar and the Website are owned by Ellen & Elysar. Your use of the Website is governed by these terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully before using the Website. By using the Website or any part of it, you agree that you have these Terms of Use and that you accept and agree to be bound by them.

 

1 General

1.1 In these Terms of Use the following definitions shall apply:

1.1.1 “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) or such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

(a) confidential information, business or trade secrets, know-how;

(b) inventions, patents (including supplementary protection certificates);

(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(d) trademarks, service marks, business or trade names;

(e) design rights, topography rights;

(f) database rights, together with all other rights of a similar or corresponding character or nature.

1.1.2 “Legal Notice and Disclaimer” means the legal notice and disclaimer applicable to the Website as extracted below.

1.1.3 “Privacy Policy” means out policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website, located at www.ellenandelysar.com/privacy-policy

1.2 The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.

1.3 You agree to provide complete and updated information for registration on this Website.

1.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third-party Intellectual Property Rights.

 

2 Variation of Terms of Use

2.1 We reserve the right to amend these Terms of Use from time to time in sole discretion. Customers and visitor are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using the Website you agree to be bound by the most recent version of these Terms of Use.

 

3 Prevailing Language

3.1 In the event of any discrepancy between the English and other versions of the Terms of Use, the English version shall prevail.

 

4 Applicable Law

4.1 These Terms of Use shall be governed by the laws of the place of business registration for the Company, and Ellen & Elysar agree to submit to the exclusive jurisdiction of said courts for determining any disputes arising for or in relation to these Terms of Use.

 

5 Personally Information & Privacy

5.1 We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with our Privacy Policy located at www.ellenandelysar.com/privacy-policy

5.2 At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of consent, clearly expressed consent from your parent or guardian is required before you provide us with any personal information.

5.3 You may request a copy of your personal information held by us, and request any corrections to your personal information by writing to: contact@ellenandelysar.com

5.4 We reserve the right to charge a reasonable fee for such data access requests.

 

Legal Notice & Disclaimer

A Intellectual Property Rights

A.1 This Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

A.2 All right, title and interest in the Intellectual Property Rights in this Website shall at all times remain the property of Ellen & Elysar. Customers and visitors are not authorized to use the same unless you have obtained express written permission from Ellen & Elysar.

 

B Warranties

B.1 The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on the Website, including and without limitation to mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

B.2 We disclaim any endorsement or recommendation of any person, organization, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.

B.3 We make no warranties or representatives in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted, error or defect free.

B.4 None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

 

C Limitation of Liability

C.1 By accessing and using this Website, you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:

This website and all information and materials contained on it are provided “as is” without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.

We have no liability or responsibility for any errors or omissions in the contents of the Website.

C.2 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the Website, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the Website, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Website, or any uploading, downloading or publication of data, text, images or other material or information to or from the Website.

 

D Links

D.1 This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the terms and conditions for those third party websites and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites.

 

E Changes

E.1 We reserve the right, but undertake no duty, to review, edit or otherwise change this Website and any information contained on this Website at our sole discretion and without prior notice.

 

F General

F.1 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.

F.2 If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.

F.3 Notwithstanding any law regarding the rights of third parties, the Terms and Conditions is personal to and is made solely for the benefit of Ellen & Elysar and you – there will not be any rights created or given to nor purported to confer any benefits on any third parties whatsoever. The application of such law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under the Terms and Conditions shall be enforceable by Ellen & Elysar. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Terms and Conditions, are not subject to the consent of any third party.