Terms & Conditions
Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and your ELECAAS entity.
This Agreement governs your use of the ELECAAS Services, Products and Website (collectively, the “ELECAAS Service”). Generally, the right to operate the ELECAAS Service is licensed by ELECAAS to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the ELECAAS Services and Products in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE ELECAAS SERVICES AND WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE ELECAAS SERVICES AND WEBSITE.
Your access and use of the ELECAAS Services and Website constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between you and ELECAAS. ELECAAS may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the ELECAAS Services and Website or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
ELECAAS may amend this Agreement from time to time. Amendments will be effective upon ELECAAS’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the ELECAAS Services and Website after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the ELECAAS Services and Website is as provided in ELECAAS’s Privacy Policy located at www.elecaas.com ELECAAS may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include any misuse, involving you and a third-party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
The Elecaas Services & Website
Each User shall create a User account that enables access to the ELECAAS Services and Website. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by our partners to a User shall not constitute a separate agreement between such persons.
We aim to update the ELECAAS Services and Website regularly and may change the content at any time. If the need arises, we may suspend access to the ELECAAS Services and Website temporarily.
Elecaas Services Ownership
ELECAAS Services and Website and all rights therein are and shall remain ELECAAS’s property. Neither this Agreement nor your use of the ELECAAS Services and Website convey or grant to you any rights: (i) in or related to the ELECAAS Services and Website except for the limited license granted above; or (ii) to use or reference in any manner ELECAAS’s company names, logos, product and service names, trademarks or services marks or those of ELECAAS’s licensors.
Use Of Elecaas Services
User Accounts:
In order to use most aspects of the ELECAAS Servies and Website, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to ELECAAS certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the ELECAAS Services and Website, including your ability to request access to your personal information or to opt in or out of marketing preferences, or ELECAAS’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the ELECAAS Services and Website.
Unless otherwise permitted by ELECAAS in writing, you may only possess one Account.
User Requirements and Conduct:
The ELECAAS Services and Website is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law, and you may not authorize third parties to use your Account.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the ELECAAS Services and Website, and you may only use the ELECAAS Services and Website for lawful purposes. You will not, in your use of the ELECAAS Services and Website, cause nuisance, annoyance, inconvenience, or property damage to any other party. In certain instances, you may be asked to provide proof of identity to access or use the ELECAAS Services and Website, and you agree that you may be denied access to or use of the ELECAAS Services and Website if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the ELECAAS Services and Website (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Services and Website.
Communications:
By becoming a User, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with UAE laws). Communications from ELECAAS, its affiliated companies and/or Partners, may include but are not limited to: operational communications concerning your User account or use of the ELECAAS Website or Services, updates concerning new and existing features on the ELECAAS Services and Website, communications concerning promotions run by us, and news concerning ELECAAS and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact info@elecaas.com and/or review the Privacy Policy for further information.
Charges & Payments
As a User, you agree to pay any amounts charged by ELECAAS (the “ELECAAS Fee”) (if applicable in your jurisdiction) and amounts charged by Partners for providing Services to you (“Charges”).
After you have received Services from one of our partners, ELECAAS may facilitate your payment of the applicable Charges on behalf of partners. Payment of the Charges in the above manner shall in all cases be considered the same as payment made directly by you to the Partner or to ELECAAS, as applicable. Charges will be inclusive of applicable taxes where required by UAE laws, including any VAT or sales tax. Charges shall be paid by you are final and non-refundable, unless otherwise determined by ELECAAS.
All Charges are due immediately and payment will be facilitated by ELECAAS using the payment method designated in your Account, after which ELECAAS, as applicable, will send you a receipt by email.
Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges are applicable in certain geographical areas may increase substantially during times of high demand. ELECAAS will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges, as applicable.
Restricted Activities
With respect to your use of the ELECAAS Services and Website and your participation in the Services, you agree that you will not:
- Impersonate any person or entity.
- Stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons.
- Violate any law, statute, rule, permit, ordinance or regulation.
- Interfere with or disrupt the Services or the ELECAAS Services and Website or the servers or networks connected to the ELECAAS Services and Website.
- Post information or interact on the ELECAAS Services and Website or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal.
- Use narcotics or alcohol
- Use the ELECAAS Services and Website in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the ELECAAS Services and Website.
- “frame” or “mirror” any part of the ELECAAS Services and Website, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose.
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ELECAAS Services and Website or any software used on or for the ELECAAS Services and Website.
- Rent, lease, lend, sell, redistribute, license or sublicense the ELECAAS Services and Website or access to any portion of the ELECAAS Services and Website.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the ELECAAS Services and Website or its contents.
- Link directly or indirectly to any other web sites
- Transfer or sell your User account, password and/or identification to any other party.
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Elecaas Services and Website, we shall have the right to refuse to provide you Services or, if such Services have commenced, we shall be permitted to refuse to continue to provide you with the said Services.
Disclaimer
THE ELECAAS WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ELECAAS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE ELECAAS WEBSITE AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS OF THE UAE.
By using the ELECAAS Services and Website and participating in the Services, you agree to accept such risks and agree that ELECAAS is not responsible for the acts or omissions of Users and Partners.
ELECAAS expressly disclaim any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account, or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the ELECAAS Services and Website is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither ELECAAS, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the ELECAAS Website. Any of your information, including geolocational data, you upload, provide, or post on the ELECAAS Website may be accessible to ELECAAS and relevant Partners.
Limitation of Liability
ELECAAS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE ELECAAS WEBSITE OR SERVICES, EVEN IF ELECAAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELECAAS AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- Your use of or reliance on the elecaas website or the services or your inability to access or use the elecaas website or the services; or
- Any transaction or relationship between you and and/or other third party provider, even if elecaas or its affiliates or its partners have been advised of the possibility of such damages. Elecaas and its affiliates and its partners shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall elecaas’s and/or an affiliate’s and/or a partner’s total liability to you in connection with the elecaas website, the services, any website or application linked thereto, any material posted on the foregoing or acts or omissions of partners or other partners for all damages, losses and causes of action exceed one thousand united arab emirates dirhams or equivalent amount in another currency.
Indemnity
You agree to indemnify and hold ELECAAS, its Affiliates, and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
- Your use of the ELECAAS Website and the Services or services or goods obtained through your use of the ELECAAS Website;
- Your breach or violation of this Agreement or
- Your violation of the rights of any third party.
Any damage to the properties related to services provided to you, shall be beard solely by yourself at your own costs and responsibility and to be paid directly to us.
- legal actions shall be taken against you in case of failure to comply with payment of costs of damages made by you.
Dispute resolution
If any dispute related to this document it shall be referred and solved by the Local Courts of Dubai as per the United Arab Emirates Law.
Other Provisions
Governing Law
This Agreement is governed by and construed in accordance with the laws of the jurisdiction of the United Arab Emirates.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to ELECAAS info@elecaas.com
Notice
ELECAAS may give notice by means of a general notice on the ELECAAS Website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to ELECAAS by written communication to ELECAAS’s email address at info@elecaas.com.
General
You may not assign or transfer your rights under this Agreement in whole or in part without ELECAAS’s prior written approval. You give your approval to ELECAAS for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of ELECAAS’s equity, business or assets;
- A subsidiary or affiliate;
- An acquirer of elecaas’s equity, business or assets;
- Successor by merger. No joint venture, partnership, employment or agency relationship exists between you, elecaas or any partner as a result of the contract between you and elecaas or use of the elecaas website.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.