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Terms of Use | Privacy Policy

Terms of Use | Privacy Policy

Terms of Use

eLiasz and eLLa Jewelry Inc. ("eLiasz and eLLa", “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its websites, accessible via www.eliaszandella.com, or any website owned or controlled by us, including its subdomains (collectively, the “Sites”), and use of its applications (herein after referred to as the “Apps”) (together the “Platform”), conditions on your acceptance of these terms, conditions, and notices contained herein (the “Terms”) (together with, our Privacy Policy, Return Policies, and, if applicable, the Cookie Policy, Terms of Sale, and any other documents referred to herein).

For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

These Terms contain the following terms and conditions sections:

 

  1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE eLiasz and eLLa Privacy Policy (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THE eLiasz and eLLa PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

 eLiasz and eLLa MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement. You may have with eLiasz and eLLa or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms by this reference, describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, eLiasz and eLLa’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy.

You are expected to check this page from time to time to take notice of any changes eLiasz and eLLa has made, as they are binding on you. The Terms were updated as of January 20, 2023.

  1. USE AND RESTRICTIONS

The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.

The Platform is provided solely as a convenience to you. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that eLiasz and eLLa, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.

You agree not to:

Resell for commercial purposes products purchased through the Platform, or as applicable, from a retail store; commercially sell, resell, distribute, or frame the Platform or Content therein; modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; use, frame or utilize framing techniques to enclose any eLiasz and eLLa trademark, logo or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without eLiasz and eLLa’s express written consent; collect or use any product listings or descriptions; or use any meta tags or any other “hidden text” utilizing an eLiasz and eLLa name, trademark, or product name without eLiasz and eLLa’s express written consent.

When using the Platform, you may not: breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer or database connected to our Platform; transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform; use any data mining, robots, or similar data gathering and extraction methods from the Platform; access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms, attack our Platform via a denial or service attack or distributed denial or service attack. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform. Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

  1. COPYRIGHT

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of eLiasz and eLLa and/or its licensors and may be protected by patent, are protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with eLiasz and eLLa’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, eLiasz and eLLa grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by eLiasz and eLLa’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without eLiasz and eLLa’s express prior written consent.

If you print, copy or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at eLiasz and eLLa’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. eLiasz and eLLa status (and that of any identified contributors) as the authors of material on the Platform must always be acknowledged.

  1. TRADEMARK

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Platform are proprietary to eLiasz and eLLa or such Marks' respective owners. You may not display or reproduce eLiasz and eLLa Marks other than with the prior written consent of eLiasz and eLLa, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of eLiasz and eLLa or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of eLiasz and eLLa.

  1. COPYRIGHT AND TRADEMARK INFRINGEMENTS

eLiasz and eLLa respects the intellectual property rights of others, and we ask you to do the same. eLiasz and eLLa may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please inform eLiasz and eLLa designated agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single website are covered by a single notification, a representative list of such works at that website. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit eLiasz and eLLa to locate the material. Information reasonably sufficient to permit eLiasz and eLLa to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. eLiasz and eLLa agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:

E-Mail: martin@eliaszandella.com

Mail: eLiasz and eLLa, 4915 210 Street NW, Edmonton, AB T6M 0A8

  1. YOUR ACCOUNT

If you purchase products or services using the Platform, you may be prompted to establish an account with eLiasz and eLLa, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.

You agree to immediately notify eLiasz and eLLa of any unauthorized use of your password or account or any other breach of security by contacting eLiasz and eLLa. We have the right to disable any account or password at any time, for any reason. 

You acknowledge and agree that eLiasz and eLLa may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if eLiasz and eLLa is required to do so by law or legal process or if eLiasz and eLLa determines, in its sole discretion, that such action is necessary to protect the rights of eLiasz and eLLa, third parties, and other users of the Platform or for purposes of responding to your request for customer service.

  1. TERMS OF SALE

All product sales from the Platform are governed by any terms of sale that may be posted on the Platform. You should refer to our “Helpful Information” section on the Platform to learn more about the applicable terms, product warranties, our return and exchange policies (the “Return and Exchange Policy”), payment options and shipping terms (collectively the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in eLiasz and eLLa’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

  1. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from eLiasz and eLLa either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.

You agree that eLiasz and eLLa may use and/or disclose information consistent with the Privacy Policy.

  1. SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a "Submission") and through the services available in connection with the Platform, and that you, and not eLiasz and eLLa, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to eLiasz and eLLa. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.

You agree that eLiasz and eLLa is free to use a Submission for the purpose of providing you and others with use of the Platform and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to eLiasz and eLLa under these Terms, you grant eLiasz and eLLa a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to eLiasz and eLLa a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of eLiasz and eLLa products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and eLiasz and eLLa is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to eLiasz and eLLa set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:

Use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by eLiasz and eLLa; use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Take any action that imposes or may impose (at eLiasz and eLLa’s sole discretion) an unreasonably or disproportionately large load on eLiasz and eLLa’s infrastructure; attempt to gain unauthorized access to eLiasz and eLLa’s computer network or user accounts; encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; attempt to damage, disable, overburden, or impair eLiasz and eLLa servers or networks; fail to comply with applicable third party terms; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); post anything that exploits children or minors or that depicts cruelty to animals; post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian); disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; use any robot, spider, scraper or other automated means to access the Platform; and alter the opinions, goals, profiles or comments posted by others on the Platform.

This list of prohibitions provides examples and is not complete or exclusive. eLiasz and eLLa reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services) and (iii) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that eLiasz and eLLa determines is inappropriate or disruptive to this Platform or to any other user of the Platform and/or services. eLiasz and eLLa may report to law enforcement authorities any actions that may be, or reasonable suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at eLiasz and eLLa’s discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.

eLiasz and eLLa takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, eLiasz and eLLa is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require eLiasz and eLLa to monitor, police or remove any Submissions or other information submitted by you or any other user.

eLiasz and eLLa prohibits crawling, scraping, caching or otherwise accessing any content on the Platform via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with eLiasz and eLLa’s express consent).

It is eLiasz and eLLa’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, eLiasz and eLLa does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that eLiasz and eLLa is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

  1. MODIFICATIONS

Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, eLiasz and eLLa reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless eLiasz and eLLa, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms.

  1. THIRD-PARTY SITES

The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated or otherwise provisioned by third parties other than eLiasz and eLLa or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. eLiasz and eLLa does not control Third-Party Sites, and is not responsible for the content, products, services or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply our endorsement of the content, products, services, information offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

  1. LINKING TO THE SITES

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other website, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms.

  1. WARRANTIES AND DISCLAIMER

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO eLiasz and eLLa  THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE PLATFORM, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, eLiasz and eLLa DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, eLiasz and eLLa DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.

eLiasz and eLLa will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. eLiasz and eLLa THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, eLiasz and eLLa RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, eLiasz and eLLa MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, eLiasz and eLLa WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. eLiasz and eLLa is not liable for these variants and deviations.

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

  1. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, eLiasz and eLLa AND ITS PARENT, AFFILIATES, SUBSIDIARIES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY eLiasz and eLLa FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITIATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree that any claim you may have arising out of or related to your relationship with eLiasz and eLLa must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

  1. ARBITRATION AGREEMENT

General

We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).

To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, your access to or use of the eLiasz and eLLa site, any communications you receive from eLiasz and eLLa, any products sold or distributed through the eLiasz and eLLa site, your account, your use of the Platform (including for the purchase of eLiasz and eLLa products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section 16 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees).

The only exceptions to the Arbitration Agreement are: (i) you and eLiasz and eLLa may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or eLiasz and eLLa may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

Waiver of Jury Trial

YOU AND eLiasz and eLLa HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and eLiasz and eLLa are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief

YOU AND eLiasz and eLLa AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and eLiasz and eLLa agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the Province of Alberta, Canada. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or eLiasz and eLLa from participating in a class-wide settlement of claims.

Pre-Arbitration Claim Resolution

There might be instances when a Dispute arises between you and eLiasz and eLLa. If that occurs, eLiasz and eLLa is committed to working with you to reach a reasonable resolution. You and eLiasz and eLLa agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at martin@eliaszandella.com with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within forty-five (45) days after receiving said notification, then you or we may pursue the Dispute in arbitration, as detailed below, or, if you have opted out of arbitration as provided under “30-Day Right to Opt Out”, in court.

30-Day Right to Opt Out

Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at martin@eliaszandella.com with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any decision to opt out of arbitration will have no adverse effect on your relationship with us, but we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Arbitration Procedures

If the Dispute is not resolved as provided under “Pre-Arbitration Claim Resolution” within forty-five (45) days, either you or we may initiate arbitration proceedings. The AAA will administer all Disputes, and the arbitration will be conducted before a single arbitrator, in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms govern in the event of any conflict with the applicable arbitration rules.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

The arbitration will be conducted in English, closed to the public and confidential. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of the arbitration award.

Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.

Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

Unless you and eLiasz and eLLa otherwise agree, or the “Batch Arbitration” process discussed in the subsection below is triggered, the arbitration will be conducted in the country where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against eLiasz and eLLa by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by eLiasz and eLLa.

You and we agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Invalidity, Expiration.

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with eLiasz and eLLa as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification

Notwithstanding any provision in these Terms to the contrary, you and we agree that if eLiasz and eLLa makes any future material change to this Arbitration Agreement, it will notify you as set forth above. Unless you reject the change within thirty (30) days of such change becoming effective by writing to eLiasz and eLLa at martin@eliaszandella.com, your continued use of the eLiasz and eLLa Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms), those agreements to arbitrate remain in full force and effect. eLiasz and eLLa will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

  1. GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Platform and/or the Content must and will be venue exclusively in Edmonton, Alberta, Canada. These Terms and the relationship between you and eLiasz and eLLa will be governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

  1. MISCELLANEOUS

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

  1. LANGUAGE

You agree it is the express wish between you and eLiasz and eLLa that the official language of these Terms and all communications and agreements between eLiasz and eLLa and you and any proceedings in connection with these Terms and/or your use of the Platform exclusively shall be made in the English language. eLiasz and eLLa and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.

  1. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and eLiasz and eLLa as a result of these Terms, our Privacy Policy or any use of the Platform. eLiasz and eLLa performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or our Privacy Policy is in derogation of eLiasz and eLLa right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by eLiasz and eLLa with respect to such use.

  1. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and, as applicable our Terms of Sale constitute the entire agreement between you and eLiasz and eLLa with respect to the Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and eLiasz and eLLa with respect to the Platform.

  1. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on the Platform, please contact us by emailing us at: martin@eliaszandella.com by writing to us at:

eLiasz and eLLa, 4915 210 Street NW, Edmonton AB, Canada

  1. GIFT CARDS TERMS AND CONDITIONS

These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all eLiasz and eLLa physical and electronic gift cards (“eGift Cards”), including all postage reimbursements, credit, or promotional physical and eGift Cards (each a “Gift Card” or collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.

By Using a Gift Card, you agree to be bound by the “Terms,” which include these Gift Card Terms, the broader eLiasz and eLLa Terms of Use, Terms of Sale, as applicable, and the terms and conditions of eLiasz and eLLa third-party Gift Card providers (as detailed below). To the extent there are conflicts between these Gift Card Terms and the broader eLiasz and eLLa Terms of Use or the Terms of Sale, as applicable, these Gift Card Terms will control with respect to the use, purchase and redemption of Gift Cards. You agree and acknowledge that eLiasz and eLLa may process your personal information in connection with your Use of Gift Cards in accordance with our Privacy Policy.

In these Terms, “you” and “your” means the cardholder who Uses a Gift Card. “Online” means eLiasz and eLLa ecommerce domain www.eliaszandella.com . “Stores” means eLiasz and eLLa -owned and operated retail stores.

For Balance Inquiries please Contact Us or visit our website.

  1. PURCHASING

eLiasz and eLLa Gift Cards are available for purchase Online (January 2023) and are offered in the following denominations: $25, $50, $100, $150 and $200 CAD. eLiasz and eLLa reserves the right to suspend or delay activation until payment has been cleared. 

It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.

Gift Cards are only valid if purchased from www.eliaszandella.com Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.

Limitations:

eLiasz and eLLa policies limit the maximum value of each Gift Card to $200. You may not use third-party gift cards (e.g., mall gift cards) to purchase an eLiasz and eLLa Gift Card. Your eLiasz and eLLa Gift Card balance cannot be used to purchase other eLiasz and eLLa Gift Cards.

Gift Cards may not be purchased using promotional offers or discounts.  A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.

Gift Cards cannot be returned; resold; used for payment other than Online; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by eLiasz and eLLa. No portion of your Gift Card balance may be transferred to another person, eLiasz and eLLa account or applied to any other account, except to the extent required by law.

If purchasing Online, eLiasz and eLLa will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. eLiasz and eLLa is not responsible for eLiasz and eLLa Gift Cards that are undeliverable or not received due to inaccurate delivery information.

eLiasz and eLLa is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non- eLiasz and eLLa sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. eLiasz and eLLa is not obligated to honor invalid Gift Cards or balances, or values that have been misrepresented or are incorrect. 

  1. REDEMPTION

Gift Cards can only be redeemed Online at www.eliszandella.com. Gift Cards cannot be used at other retailers, franchises, or with our wholesale partners.

When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Card. The balance will remain on the Gift Card until it is decreased to zero, at which time the Gift Card will be deactivated. You must have sufficient available funds on a Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to eLiasz and eLLa.

You do not have the authority to halt a purchase initiated with your Gift Card and you are liable for any such transaction. eLiasz and eLLa reserves the right to refuse a Gift Card or limit the ability to use if eLiasz and eLLa has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.

Restrictions: Gift Cards cannot be transferred to another account after you have redeemed the claim code. Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to Use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

  1. RETURNS

Subject to the Returns Policy, all returns for purchases made with a eLiasz and eLLa  Gift Card will result in a credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with a eLiasz and eLLa Gift Card will be refunded accordingly.

  1. RISK OF LOSS

The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon eLiasz and eLLa electronic transmission of the Gift Card to the purchaser or designated recipient, or eLiasz and eLLa delivery to the carrier, whichever is applicable.

You are responsible for safeguarding your Gift Card from unauthorized use. eLiasz and eLLa is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. eLiasz and eLLa will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.

Beware of gift card scams. Do not share your Gift Card number and PIN if you are NOT purchasing an item from www.eliaszandella.com Online. You can report potential scams to your local law enforcement and the authorities. There are a variety of gift card scams that request payment by a gift card. eLiasz and eLLa is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.

  1. EXPIRATION OF GIFT CARDS.

Gift Cards never expire or accrue fees.

  1. VIOLATION OF THESE TERMS; SUSPENSION; FRAUD

By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to eLiasz and eLLa, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.

We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.

  1. COMPLIANCE WITH LAWS

Your Use of a Gift Card certifies and represents to eLiasz and eLLa that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify eLiasz and eLLa and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release eLiasz and eLLa from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.

  1. NO PROMOTIONAL USE OR AFFILIATION WITH eLiasz and eLLa

eLiasz and eLLa Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

It is strictly prohibited to use eLiasz and eLLa’s name, logo, trade dress (including any image/likeness of the cards), or intellectual properties, including without limitation, trademark and copyright, in connection with eLiasz and eLLa Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with eLiasz and eLLa or any of its subsidiaries or affiliates.

  1. LIMITATION OF LIABILITY

eLiasz and eLLa MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

  1. DISPUTES

Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with Section 16 “Arbitration” in the General Terms of Use.

NOTE, THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE eLiasz and eLLa TERMS OF USE FOR FURTHER INFORMATION.

  1. GENERAL
  1. Governing Law

When you purchase, receive or redeem an eLiasz and eLLa Gift Card, you agree that the laws of the Province of Alberta and the federal laws of the country of Canada. without regard to principles of conflict of laws, will govern these Gift Card Terms.

  1. PRICING AND QUANTITIES

For eLiasz and eLLa www.eliaszandella.com pricing for products that are carried by eLiasz and eLLa online; the pricing shown to you through use of the website may only be good for purchases made online and may differ from in-store pricing at official eLiasz and eLLa retailers.

Price and availability information is subject to change without notice. While eLiasz and eLLa takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed, eLiasz and eLLa will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. eLiasz and eLLa reserves the right to limit quantities. Not all products shown at www.eliszandella.com are available at official retail partner’s, as some products can only be found online.

QUESTIONS OR CONCERNS

If you have any concerns about material which appears on this Website, please contact us by emailing us at: martin@eliaszandella.com or by writing to us at:

eLiasz and eLLa, 4915 210 Street NW, Edmonton AB T6M 0A8.

 

PRIVACY POLICY

SUMMARY

Our privacy policy ("Privacy Policy") explains how we collect, use, process, disclose, and retain your personal data when you access or use our websites and any other applications, products, or services that display this Privacy Policy (collectively, the “Services”). This Privacy Policy also applies to personal data we collect when you shop at our in-person events, engage with our staff, register for and attend our events, engage with us on social media, or otherwise interact with us.

Please review this Privacy Policy carefully. Note that we provide different or additional privacy notices in connection with certain activities, programs, and offerings. These notices may supplement or clarify our privacy practices and may provide you with additional choices about how we process your personal data. Our privacy practices are subject to applicable laws in the places in which we operate (Canada) but may be accessed internationally through www.eliaszandella.com, which means we engage in the practices described in this notice in Canada as permitted under the laws of Canada.

REVISIONS TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

COLLECTION OF PERSONAL DATA

USE OF PERSONAL DATA

DISCLOSURE OF PERSONAL DATA

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

RETENTION OF PERSONAL DATA

CHILDREN’S PRIVACY

THIRD PARTY SITES

YOUR CHOICES

ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS

ADDITIONAL INFORMATION FOR AMBASSADORS

CONTACT US

 

COLLECTION OF PERSONAL DATA

In this Privacy Policy, "personal data" means any information that is related to an identified or reasonably identifiable natural person, or as otherwise defined under applicable law. The types of personal data we collect about you depend on your interactions with us and are described in more detail below.

PERSONAL DATA YOU PROVIDE DIRECTLY TO US

We collect personal data directly from you when you use our Services or otherwise interact with us. The types of personal data we collect depends on how you interact with us or use our Services. We may collect the following categories of personal data.

Profile Data: We collect information or content you provide to us in connection with an account or profile, such as when you register for an account, create a profile, participate in our membership programs, or fill out a form. Examples of profile data we may collect include your name, email address, phone number, mailing address, account login name and password, preferred language, and social media handles.

Demographic Data: We may collect demographic data when you fill out forms or surveys or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age and gender.

Transaction Data: We collect transaction information related to the use of our Services or your purchases. Examples of information collected include the type of products or services requested or provided, order details, delivery information, amount charged, payment method, credit card information, billing or shipping information, customization services for eLiasz and eLLa products, and information about any products or services you returned or exchanged with us. If you make a purchase, we work with third-party payment processors to collect and process your payment information.

Communications Data: We collect information when you communicate with us or others on our Services, such as when you request additional information about products or services, interact with our customer service team or in-person associates or sign up to receive our email newsletters or marketing messages. We also collect communications data when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such data may include your contact information, the date and time of your communications, online identifiers, social media profile, and the content of your communications.

User Content: We collect any other information or content you provide to us, such as when you rate products, provide design or product feedback, make other submissions to us, participate in any of our experiential offerings in-person or at other locations sponsored by us, or use other features of our Services that may be offered from time to time, which may require the collection of certain personal data in order to utilize the features.

PERSONAL DATA WE COLLECT AUTOMATICALLY

We automatically collect certain personal data when you access and use our Services or shop in-person. The types of information we collect may include:

Device and Network Data: We collect certain information about the device you use to access our Services. Examples of such data include your device’s hardware model, browser type, IP address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, screen resolution, usage and traffic data, how your device interacts with the Services, network information, and mobile network data.

Usage Data: We collect information about your activity on our Services via log files, cookies, web beacons, and other tracking technologies. Examples of such data include your access dates and times, pages or screens viewed, how long you spent on a page or screen, the routes by which you access our Services, searches you conduct on the Services, information about your activity on a page or screen, application crashes and other system activity, your use of any hyperlinks available within our Services, information about your interactions with our emails, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services (for more information about cookies and how to disable them, see the COOKIES section below.

Location Data: We collect precise or approximate location information in accordance with your device permissions. You may use our Services without enabling us to collect location data from your device, however, this may affect some functionality available in the Services. For example, you may need to manually enter an address to find an eLiasz and eLLa retail partner near you if you have not enabled location data collection.

PERSONAL DATA WE COLLECT FROM OTHER SOURCES

We may collect personal data about you from other sources. For example, we may collect personal data about you from:

Third parties hosting events, including those sponsored by eLiasz and eLLa, when they provide event attendance or participation information to us;

Publicly available sources; third parties providing information in connection with a dispute;

Carriers or other third parties when they provide your updated delivery and address information to us, which we use to correct our records and deliver your next purchase or communication; subsidiaries and affiliates; third-party platforms, such as Facebook, Twitter, Google, Spotify, Apple Health, and Instagram, that you use to interact with our Services (e.g., to create an account) or that allow you to provide information to us (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services; and unaffiliated parties, such as our service providers, analytics companies, marketing or advertising service providers, fraud prevention service providers, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.

PERSONAL DATA WE DERIVE

We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.

USE OF PERSONAL DATA

We collect and use personal data for various purposes, including to: Provide Products and Services: Provide, administer, deliver, customize, support, maintain, and improve our products, events, services, and membership programs; Complete Transactions: Complete the transactions you request, perform our contractual obligations, including processing payments through third-party vendors, and as otherwise anticipated within the context of our ongoing business relationship; Manage Accounts: Create and manage your online accounts, profiles, and membership programs; Service Communications: Send communications related to your account, participation in programs, purchases, exchanges, and returns; Respond to You: Respond to your requests and any other communications from you, including to provide customer service; Advertising and Marketing: Send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by eLiasz and eLLa and others, and provide news and information that we believe may be of interest to you. Our marketing and advertising will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law; Events and Offers: Offer, conduct, and administer events, contests, prize draws, sweepstakes, and other promotions; Research and Development: Conduct research and development; Personalize Your Experience: Monitor, analyze, and audit your engagement with our brand and your interactions with our Services and online ads to better understand your interests and behaviors and customize your experience;

Safety and Security: Detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of eLiasz and eLLa and our users, customers, employees, or others; Troubleshooting: Debug, identify, and repair errors that impair existing intended functionality of our Services; Corporate Transactions: We may process personal data in the context of corporate acquisitions, mergers, or other corporate transactions; Your Consent: We may process your personal data in accordance with your consent, intentional direction, or instructions; Comply with Legal Obligations: Comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and Reasonable Other Purposes: As permitted by applicable law, carry out certain short-term activities and other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us. Where required by applicable law, eLiasz and eLLa will provide a notice of such data processing prior to using your personal data for such purposes.

DISCLOSURE OF PERSONAL DATA

We may share personal data for the purposes described below:

With our Affiliates and Subsidiaries: We may disclose your personal data with our subsidiaries, and affiliates for the purposes described in the “USE OF PERSONAL DATA” section above. 

With our Service Providers: We may disclose personal data with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, financing, product fulfilment, fraud control, marketing and database management, direct mail and email distribution, events, contest, sweepstakes and promotion administration, music integration, extended warranty services, and advertising and analytics services. These service providers may have access to personal data needed to perform their services, but may not use it for other purposes.  

In Connection with a Corporate Transaction: Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitization or financing involving eLiasz and eLLa.

With our Professional Advisors: We may disclose personal data with our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of eLiasz and eLLa’s business or operations.

With Law Enforcement Authorities and Individuals Involved in Legal Proceedings: We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from eLiasz and eLLa), enforce or apply our TERMS OF USE | LEGAL or to protect the rights, property, or personal safety of eLiasz and eLLa, our users, employees, or others.

With Your Consent or at Your Direction: We disclose personal data, such as profile data and communications data with third parties when we have your consent or direction to do so. For example, if you decide to participate in certain interactive areas or features of our events or Services, such as creating a public profile and posting your goals, you consent to the disclosure of this information to other users of our Services. We may also disclose your personal data with third parties, when you intentionally direct us to do so or when you use our Services to intentionally interact with third parties.

Aggregated, Anonymized or De-identified Data: We may also disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by eLiasz and eLLa and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having information about your use of the Services used to show ads that are targeted to your interests on other sites and services. For advertisements on any third party platforms, please refer to the particular third party platform’s privacy policy to learn more about your choices. 

DATA TRANSFERS AND RETENTION

DATA TRANSFERS

We have operations and retailers in Canada, the United States and other countries. Therefore, we and our service providers, who perform work for us or act on our behalf may transfer your personal data to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. If you are a Quebec, Canada resident, this means your personal information may be transferred outside of Quebec. If you are a Quebec resident, your personal information may be transferred to disclosed to service providers located outside of Quebec. 

RETENTION OF PERSONAL DATA

We retain personal data in accordance with applicable law. Unless otherwise required by applicable law, eLiasz and eLLa will take reasonable steps to destroy or permanently de-identify personal data we hold if such personal data is no longer needed for the purpose for which it was collected.

CHILDREN’S PRIVACY

eLiasz and eLLa does not target our Services to children; however, with the consent and under the supervision of a parent or legal guardian may interact with eLiasz and eLLa. If you are a parent or legal guardian and you believe that your child has provided us with personal data without your consent, please contact us at martin@eliaszandella.com.

THIRD PARTY SITES

Please note that our websites contain links to third-party websites that are not controlled or operated by eLiasz and eLLa. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that eLiasz and eLLa does not accept any responsibility or liability for these policies. Please review these policies before you disclose any personal data when visiting such third-party websites.

ACCESS & DATA PORTABILITY

In certain jurisdictions, applicable law may entitle you to request access to or copies of your personal data stored by eLiasz and eLLa. You may also be entitled to request copies of personal data that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

CORRECTION

You may review and modify your account and profile information by logging into your online account at any time.

DELETION

In certain jurisdictions, applicable law may entitle you to request deletion of your personal data stored by eLiasz and eLLa. Please note that if you request the erasure of your personal data, we may retain and/or use your personal data to: Exercise our legitimate business interests, such as fraud detection and prevention and enhancing safety against malicious, deceptive, fraudulent or illegal activity, and/or to prosecute those responsible for such activity; Establish, exercise or defend legal claims, or comply with applicable law; Perform our contract to which you are a party or in order to take steps at your request prior to entering into a contract; Perform a task carried out in the public interest or in the exercise of official authority vested in eLiasz and eLLa;

Identify, debug and/or repair errors that impair intended functionality; Exercise free speech, and ensure the right of others to exercise their free speech or another right provided by law;

Complete a transaction and/or provide a good or service requested by you or reasonably anticipated by you within the context of the business relationship, or to otherwise perform the contract; Protect your vital interests, or the vital interests of others; and as otherwise permitted under applicable law.

MARKETING COMMUNICATIONS

You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging into your online account and changing your communications preferences. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

LOCATION DATA

When you first launch any of applications that collect precise location information, you may be asked to consent to the application’s collection of this information. If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, may no longer function properly.

MOBILE PUSH NOTIFICATIONS/ALERTS

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

COOKIES AND SIMILAR TRACKING TECHNOLOGIES

Like many websites, eLiasz and eLLa uses cookies to analyze visits to our websites and emails and help us improve our website, services and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please follow your browser’s process for doing so. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.

CONTACT US

If you have any questions or comments about this Privacy Policy, you may call us at 780.203.9763 or email us at martin@eliaszandella.com.

 

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