Terms & Conditions

for Elite Interact

1. ACCEPTANCE OF TERMS

These Terms of Service (the “Terms”) are aimed at creating a binding legal relationship between the Customer and the Service and Application provider (Elite Interact Community Management hereafter referred to as Elite Interact, Service provider or, whereas:

Customer represents any legal entity that is willing to use the Application and services provided by Elite Interact, according to the terms and conditions set forth herein;

The Application (Elite Interact) represents the legal entity that owns the website and applications and any of their related entities, being it a legal or/and natural person. The application includes any related mobile phone or software applications, including and not limited to delivery of data and info via the Application and/or via the website and/or via any other method of electronic communication (email, SMS, etc.), whether present or future. The present terms and conditions are binding and are becoming effective once the Customer accesses the Application. The Customer therefore irrevocably acknowledges and agrees that, once they start using the applications, they may be exposed to content that may be objectionable, inappropriate or that might be removed or shall be removed in specific cases, for non-compliance with the present terms and conditions and/or with the applicable law. Acceptance of terms is done via one of the two methods below, both having the same legal effect:

• Clicking to accept or agree to the Terms, where it is made available to the Customer by the Application in the Customer interface for any particular Service; Or
• Actually using the Services. In this case, it is understood that the Customer has already adhered to the terms and conditions and therefore has entered into a binding legal relationship with Elite Interact.

2. DEFINITIONS

Customer

"Customer” or "You" or "Your" refers to you, as a Customer of the Services. Customer represents any legal entity that is willing to use the Application and services provided by Elite to have their car(s) cleaned with the products and individuals used to provide the services via Elite Interact Community Management, according to the terms and conditions set forth herein. For the avoidance of doubt, a Customer is accessing the Application or Website for the purpose of uploading data, information, images, views, pictures, adding and managing their subscription sharing vehicle details, phone numbers, email address, house address, parking details and other personal details in order for the service provider to complete the services requested by the customer, and includes other persons jointly participating in using the Services including by not limited to family members or friends who also use the service to have their cars cleaned.

Content

"Content" represents (but is not limited to) images, views, display, text, photos, audio, video, location data, nearby places, other relevant data, and/or all other forms of information or data. The present enumeration is non-limitative.

"Your content" or "Customer Content" means content that the Customer uploads, edits, manages, shares or transmits to Elite, through or in connection with the Services, such as house address, phone number, emails IDs, pictures, car details and other such materials that the Customer understands to publicly display or displayed in their account profile. However, Elite Interact is not assuming any liability, of any nature whatsoever, regarding the content the Customer is uploading and this is understood to be customer content.

In all situations, Elite Interact retains the right to block the Customer Content which is inappropriate, if non-compliant with the present terms, if in violation of the applicable laws and regulations, or/and in any other way inappropriate for the usage of the Application.

The content that Elite Interact creates and makes available in connection with the Services includes, but is not limited to, visual interfaces, interactive features, structures, graphics, design, compilations, computer codes, products, software, aggregate ratings, databases, reports and/or other usage-related data in connection with activities associated with the Application and/or the Customer’s account and/or all other elements and components of the Services, excluding Customer’s Content and third party content such as payment gateways.

"Third Party Content" means content that comes from parties other than Elite Interact or its Customers and is available on the Application, such as Payment gateways, User’s content & advertisements and/or data from other parties than the Customer. “Services” represents the intangible products created through and provided by the Application & Website, such as access to services, information, etc.

3. CUSTOMER’S WARRANTIES

1. Customer hereby represents and warrants that he is an Individual and/or he is at least eighteen (18) years of age or above and fully able, authorized, and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Elite Interact bears no liability, of any nature whatsoever, for the above representations. While entering the present contract, Elite Interact relies solely and exclusively on the representations of the Customer, which shall bear full responsibility in that respect.

2. Compliance with Laws - The Customer is responsible for complying with all relevant laws and regulations in the country in which the Customer resides when accessing the Services. Also, the Customer is fully responsible for complying with the local laws at the Elite Parking Interacting LLC’s siege when using the Services. Customer warrants to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Elite Interacts' legal rights or those of any third party(ies).

3. Customer agrees on the usage of their data in accordance with Elite Interacts’ privacy and data policy and with any other document and/or policy attached by Elite Interact to the usage and management of the Application.

4. VARIATIONS

Elite Interact may vary or amend or change or update these Terms, at their own discretion, at time intervals that Elite Interact may deem fit. Elite Interact will try to keep the Customers updated on these modifications, however, the Customer is fully responsible for checking and keeping abreast with these Terms and ensuring continued compliance thereto. Customer’s usage of application after any such amendment or change in the Terms shall be deemed as express acceptance to such amended/changed terms and Customer also agrees, with no further claims and /or conditionality, to be bound by such changed/amended Terms.

5. LANGUAGES OF THE APPLICATION

Elite Interact Community Management may provide a translation of the English version of the Terms into other languages. The customer understands and agrees that such translations are for the sole purpose of convenience and for making the application more familiar with other markets, however, the English version shall prevail at all times over any translated Terms. In case of inconsistencies between the English version of the Terms and the translation, the English version shall prevail at all times.

6. ELITE INTERACT UNDERTAKINGS

1. Elite Interact is an evolving Application that aims at providing accurate and performant content and experience to the Customers. In such context, the Customer acknowledges and irrevocably agrees that the Services and Elite Parking Car Washing LLC Content may require updates and changes from time to time. Further on, the Customer acknowledges and irrevocably agrees that Elite Interact Community Management reserves the exclusive right, at their own discretion, to suspend, cancel, amend, update, change and/or discontinue any or all Elite Interact Community Management Content or/and other forms of Content, irrespectively of their nature, make modifications and/or alter any content, products, and services without prior notice and as the case may be.

2. The Application and/or Website may include functionality to automatically check for updates or upgrades and, unless the Customer’s device, its settings, or computer software does not permit transmission or use of upgrades or updates, the Customer agrees that the Application and/or Website, without bearing any obligation in this respect, may notify the Customer of the availability of such upgrades or updates and automatically push the upgrade or update to the Customer’s device. The customer acknowledges and fully agrees that he may need to download, acknowledge and install from time to time upgrades and/or updates in his device in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct the functionality of the Services and of the Application). Any such updates form an integral part of the present Terms and Conditions.

3. Customer acknowledges and agrees with no further claims that Elite Interact may disable, block and/or suspend the access of the Customer to the Customer’s Content, in agreement with the present Terms and Conditions. However, Elite Interact Community Management undertakes to the Customer that the Customer’s access to the Application shall not be arbitrarily blocked or suspended.

4. Elite Interact has not set a limitation on the number of uploads and/or transmission by the Customer, however, the Customer is aware and acknowledges with no further claims, that Elite Interact may set an upper limit on the number of uploads and/or transmissions by the Customer.

5. Elite Interact bears no responsibility for updating the Customer’s Content and or Third Party Content, unless such services are paid for by the Customer, after prior written approval. Therefore, the Customer acknowledges and agrees that Elite Interact is not liable, for any reason whatsoever, for information outdated in the Customer’s Content and/or in the Third Party Content, including the User’s Content.

7. CUSTOMER’S UNDERTAKINGS & USAGE OF THE APPLICATION

1. Upon subscribing to Elite Interact, the Customer will be provided with an account through which he has the right to manage and populate the Customer’s content on the Application; therefore the provision of information and data by the Customer is subject to the Application Privacy and Data Policy.

2. Customer bears full responsibility for maintaining the confidentiality and/or security of their account, which represent the sole method of communication between the Customer and Elite. In this respect, Elite Interact will undertake its best endeavors to keep the Elite Interact content safe and secure, however, the Customer’s Content shall be the sole responsibility of the Customer.

3. In creating an account for the Customer, Elite Interact will require certain verification information. Customer warrants and represents that all information provided in such process is true, accurate and correct, and updated. However, Elite Parking bears no liability for the accuracy of the info provided by the Customer. If the Customer is creating an account, the Customer may not impersonate someone else, create or use an account for anyone other than himself, provide an email address other than his own, create multiple accounts, or except as otherwise authorized by the Application & the Website or provide or use false information to obtain access to information and services. The customer acknowledges that such actions shall have repercussions on their account, including the suspension and/or blockage in access to the Application & the Website and/or other legal proceedings that may be initiated by Elite Interact (the Application) against the Customer in such respect. The Customer acknowledges and agrees that upon suspension and/or blocking, Elite Interact is under no obligation to make refunds of any sort to the Customer.

4. Customer is fully responsible for all activities that occur on their account. Customer agrees and warrants to notify Elite Interact immediately of any unauthorized and/or suspicious use of their account in order to enable Elite Interact to take necessary action. Without prior notice to Elite Interact, the Customer also agrees that they will not allow any third party to use their account for the purpose of transacting activities in the Customer’s name via the Application and/or Website. In such case, the Customer shall be liable and hold harmless both Elite Interact and/or any other third party for any damage produced by such unauthorized use, to the maximum extent permitted by the applicable law.

5. Should the customer provide inaccurate information, it will result in the service not being provided to the customer on account of their information not being correct prevented any Elite representative to complete the service, should this be the case, no refunds will be made to the customer for the paid amount. The customer bears the responsibility to cancel the services and contact the management to activate their account. It is understood that NO REFUNDS SHALL BE MADE ON ANY PAID AMOUNT in the event of a customer providing incorrect information.

8. CONTENT

Proprietary Rights over Elite Interact Content:

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights and laws.

The customer acknowledges that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of us and such others. The customer further acknowledges that the Services may contain information that is designated as confidential by Elite Interact and that the Customer shall not disclose such information without Elite Interact's prior written consent.

Customer agrees to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. The customer acknowledges and agrees that Elite Interact owns all legal rights, title, and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated as confidential by Elite Interact and that the Customer shall not disclose such information without Elite Interact's prior written consent. Unless the Customer has agreed otherwise in writing with Elite Interact, nothing in the Terms gives the Customer a right to use any of Elite Interact’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

The customer agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Elite Interact; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against the Customer at the appropriate forum for seeking all available/possible remedies under applicable laws. Customers cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Elite Interact’s content in whole or in part except as expressly authorized by Elite Interact.

To the fullest extent permitted by applicable law, we neither warrant nor represent that the Customer’s use of materials displayed on the Services will not infringe the rights of third parties not owned by or affiliated with us. The customer agrees to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained within the present Terms and Conditions.

Content Removal:

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms, or otherwise harmful to the Services or our Customer’s users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of the Customer’s Content to the Customer under any circumstances. Any review, which is derogatory, defamatory, or hateful and without any substantial evidence may be taken down at our sole discretion. The Customer may report a review and/or comment to be taken down through the use of the Website. The Arbitration of this decision will be at the sole discretion of Elite Interact Community Management and/or its representatives.

Third Party Content and Links:

Some of the content available through the Services may include or link to materials that belong to third parties, such as third-party Payment Gateway sites and services. Please note that the Customer’s use of such third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third-party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, services, advertisements, and other content appearing in or linked to from the Services. We do not screen or investigate third-party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. The customer acknowledges and agrees that Elite Interact is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

Third-party content, including that posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of the Customer’s Content or any third-party content. The customer further acknowledges and agrees that Elite Interact is not liable for any loss or damage which may be incurred by the Customer as a result of the availability of those external sites or resources, or as a result of any reliance placed by the Customer on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

9. RESTRICTIONS ON USE:

Without limiting the generality of these Terms, in using the Services, the Customer specifically agrees not to post or transmit any content or engage in any activity that, in our sole discretion:

1. Violate our Guidelines and Policies;
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
4. Contains material that violates the standards of good taste or the standards of the Services;
5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
6. Accuses others of illegal activity, or describes physical confrontations;
7. Alleges any matter related to health code violations requiring healthcare department reporting.
8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
9. Attempts to impersonate another person or entity;
10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
14. Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
16. Accesses or uses the account of another Customer without permission;
17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
19. “Hacks” or accesses without permission our proprietary or confidential records, those of another customer, or those of anyone else;
20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or Customer in breach of any employment, consulting, or non-disclosure agreement);
21. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Services;
22. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on the use of, the Services;
23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
24. Collects, accesses, or stores personal information about other Customers of the Services;
25. Harms minors in any way;
26. Threatens the unity, integrity, defense, security, or sovereignty of UAE or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any recognizable offense or prevents investigation of any offense or is insulting any other nation;
27. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercializes any rights to the Services or Our Content;
or
28. Attempts to do any of the foregoing.

However, we have the right to monitor the Customer’s Content for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

Customer hereby agrees and assures Elite Interact that the Application/Services shall be used for lawful purposes only and that the Customer will not violate laws, regulations, ordinances, or other such requirements of any applicable Central, Federal State, or local government or international law(s). Customer shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters, or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Elite Interact in any form or manner whatsoever.

Any Content uploaded by the Customer, shall be subject to relevant laws of UAE and of the country of use and may be disabled, or may be subject to investigation under applicable laws.

10. CUSTOMER FEEDBACK

If the Customer shares or sends to Elite Interact any ideas, suggestions, changes, or documents ("Feedback"), the Customer agrees that (i) the Feedback does not contain the confidential, secretive, or proprietary information of third parties, (ii) Elite Interact is under no obligation of confidentiality with respect to such Feedback, (iii) Elite Interact may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, Customer grants us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and Customer irrevocably waives, against Elite Interact any claims/assertions, whatsoever of any nature, with regard to such Feedback.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, UPGRADE OR DOWNGRADE OF SERVICE, AND CANCELATION OF SERVICE

Disclaimer of Warranties:

The customer acknowledges and agrees that the services are provided "as is" and "as available" and that the Customers’ use of the services shall be at his sole risk. To the fullest extent permitted by applicable law, Elite Interact, its affiliates, and their respective officers, directors, employees, agents, Workers, branches, subsidiaries, and licensors ("Elite Interact ") disclaim all warranties and liabilities, express or implied, in connection with the services including mobile applications, websites and the Customer’s use of them. To the fullest extent permitted by applicable law, the Elite Interact Parties make no warranties or representations for the Elite Interact Content, Third Party Content and Customer’s Content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer’s access to and use of the Content, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of Customer’s data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Content.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The. No advice or information, whether oral or written, obtained by the Customer from Elite Interact or through or from the Content shall create any warranty not expressly stated herein unless the Customer has been expressly authorized to do so in writing by Elite Interact Community Management. As such, the Customer agrees that in using the Content, they will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM, OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability:

To the fullest extent permitted by applicable law, in no event shall the Elite Interact Parties be liable to the Customer for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer access to and use of the services including mobile Application and Website, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of Customer data or Content from the services (vii) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of Customer use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Elite Interact Parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) Customer failure to keep his password or account details secure and confidential, (x) loss or damage which may be incurred by Customer, including but not limited to loss or damage as a result of reliance placed on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Customer and any advertiser or sponsor whose advertising appears on the services. In no event shall the Elite Interact Parties be liable to the Customer for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, however, caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. the company’s service and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. the company is not responsible for any delays, delivery failures, or other damage resulting from such problems. We do not hold any credit card information on the platforms provided. All liabilities for payment will be covered by our third-party payment gateway provider and will be governed by their terms and conditions and privacy policy.

INDEMNIFICATION:

The Customer agrees to indemnify, defend, and hold harmless the Elite Interact Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Customer Content, (ii) Customer’s unauthorized use of the Services, or products or services included or advertised in the Services; (iii) Customer access to and use of the Services; (iv) Violation of any rights of another party; or (v) Customer breach of these Terms, including, but not limited to, any infringement of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise, and pay, without the Customer’s prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify us and he agrees to cooperate with our defense of these claims. The Customer agrees not to settle any matter in which we are named as a defendant and/or for which the Customer has indemnity obligations without our prior written consent. We will use reasonable efforts to notify the Customer of any such claim, action or proceeding upon becoming aware of it.

REFUND POLICY

Payments referred to herein shall not be refundable by Elite Interact under any circumstances, including but not limited to the termination of this Agreement for whatever reason.