October 1, 2018 Established
This application is operated by ELFSTORE. Throughout this document and applications, the terms “we”, “us” and “our” refer to ELFSTORE. ELFSTORE offers this application, including all information, tools and services available from this application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our application, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of this application.
Please read these Terms and Conditions carefully before accessing or using our application. By accessing or using any part of the application, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to this application shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page; https://www.elfstore.co/tos. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the application following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – APPLICATION TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our applications.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this application is not accurate, complete or current. The material on this application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this application is at your own risk.
This application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application at any time, but we have no obligation to update any information on our application. You agree that it is your responsibility to monitor changes to our application.
SECTION 4 - CERTAIN RIGHTS OF ELFSTORE
We will solely control our applications and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. ELFSTORE reserves the right to remove, modify, or delete any particular piece of your content from our applications at any time, at its sole discretion, without cause and without notice to you.
SECTION 5 - GRANT OF LICENSE TO ELFSTORE N USER CONTENT
By uploading your contents via our applications, you hereby grant us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit your contents, in any media formats and through any media channels, in order to publish and promote such contents in connection with services offered or to be offered by us. Such license will apply to any form, media, or technology now known or hereafter developed. It is understood and agreed that we may retain a copy of any your contents as necessary to make it available to any other user, and provided further that we may, but is not required to, retain indefinitely a copy of any of your contents for archival purposes.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - PRODUCTS OR SERVICES (if applicable)
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any products or services at any time. Any offer for any product or service on this application is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION (if applicable)
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made to us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 - Approval to use our applications and services
1. We allow the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by us for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2. We cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).
3. The user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from us.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and/or program source code.
(3) Disassemble or decompile the whole or part of the Software or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate our rights or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct our operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that we deem inappropriate.
4. We may modify the whole or part of the Service, as well as terminate the Service, when We deem necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5. The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 11 - THIRD-PARTY MATERIALS
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our application or service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel if any information in the Service or on any related application is inaccurate at any time without prior notice (including after you have submitted information). You agree not to make us responsible or liable for any damages, or losses due to you having used our inaccurate or erroneous applications.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using our applications or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ELFSTORE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ELFSTORE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our application.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this page or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Thailand.
SECTION 22 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time here at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to appropriate location within the website operated by ELFSTORE. It is your responsibility to check periodically for changes. Your continued use of or access to our service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 21 – RETURN AND REFUND POLICY
We do not take return or refund for our service. All sales are final and as is.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to email@example.com