Term Conditions

Term of use 

Welcome to the website ("www.ellashine.co") owned and operated by Ellashine, a limited liability company registered in the United Arab Emirates (UAE) under license, with its headquarters at Dubai, Office Number 0159-400, Downtown Dubai, UAE.

These terms of use, along with all additional policies and terms (if applicable) on the Site, apply to the conditions we provide for your access to and use of the Site, services, and applications, including our mobile application. You can find all additional policies and terms here ("Legal Documents"). These legal documents are hereby incorporated by reference into these terms of use.

By accessing, registering, and/or continuing to use or access the services, you agree to abide by these terms of use and the legal documents immediately.

These terms of use and legal documents are subject to modification by us at any time. Your continued use of the Site after the publication of any changes signifies your agreement to these modified terms of use and legal documents.

1. Registration Terms

1.1. You have the right to register as a buyer or seller and benefit from the services if you meet the following eligibility criteria:

   - For Buyers:

     - Be of legal age to purchase products in your country of residence.

     - Be able to provide an address in the country where you reside for product delivery.

   - For Sellers:

     - Have a registered business according to your country's laws.

     - Have a valid commercial license.

     - Provide evidence of authorization for individuals registering on the site or using it.

     - Submit proof of identity for the authorized person.

     - Provide supporting banking information.

     - Acknowledge and agree that additional requirements may apply to certain product categories.

1.2. To register on the site, you will need to provide some information, and your registration will not be accepted if the necessary information is not provided. We reserve the right to reject any registration without stating reasons. We also have the right to conduct necessary verification procedures to confirm your identity and registration requirements.

1.3. Upon successful registration, your registration continues for an unspecified period, subject to suspension or cancellation according to clause 6 of these terms of use.

2. Your Responsibilities

2.1. When using or accessing the services, you agree to:

   1. Be responsible for maintaining the privacy and restricting access to your account and its use, including your password. You agree to take responsibility for all activities conducted under your account and password.

   2. Notify us immediately of any unauthorized use of your password or account or any other breach of secure usage standards for the site.

   3. Provide complete, truthful, accurate, and current information about yourself and your use of the services as specified by us.

   4. Not disclose to third parties (except as required or specified by us) the user information provided to you.

   5. Cooperate with our requests for additional information regarding your eligibility and use of our services.

2.2. When using the services or accessing them, you agree not to:

   1. Post, upload, or download any inappropriate or prohibited content or materials on our site, including:

      - Morally or religiously inappropriate content or materials in any form.

      - Content or materials that do not comply with local law, Islamic law, rules, ethics, values, morals, traditions, or customs.

      - Content or materials that may threaten national security.

      - Content or materials that promote or fall within the scope of gambling.

      - Securities, including stocks, bonds, debentures, or any other securities or assets.

      - Live or deceased creatures and/or any part of any animal kept or preserved by any means, industrial or natural.

      - Any weapons.

      - Alcoholic beverages and tobacco products, drugs, mind-altering substances, narcotics, and medical drugs.

      - According to your knowledge, materials that are defective, counterfeit, damaged, misleading, or may cause harm when used normally for the benefit of another user of the site or their health.

      - Non-transferable vouchers.

      - Chemicals.

   2. Publish materials for which you do not have the right to share the link or insert.

   3. Publish counterfeit or stolen materials.

   4. Violate the law or circumvent it, or violate any of the rights of others or our systems, policies, or violate decisions related to your account status.

   5. Use the services if you no longer meet the eligibility criteria or are unable to enter into legally binding contracts or if your account has been temporarily or indefinitely suspended.

   6. Fail to pay for the products you have purchased unless there is a legal reason supporting this in any of our policies.

   7. Fail to deliver products you have sold (if applicable) unless there is a legal reason supporting your position and mentioned in any of our policies.

   8. Use the contact information provided to you during the transaction on the site to attempt to increase your sales outside the site's limits or through other sites.

   9. Manipulate the price of any products.

   10. Interfere with the listings of other users.

   11. Take any action that may diminish the site's rating and rating systems.

   12. Post incorrect, inaccurate, misleading, deceptive, defamatory, or similar content.

   13. Transfer your account to another party without obtaining prior written consent from us.

   14. Post unwanted electronic messages or similar communications.

   15. Post viruses or any other technologies that may harm our services or the interests of other users or their properties.

   16. Violation

- Intellectual Property Rights: Violation of laws related to copyrights, trademarks, patents, ethics, advertising, databases, and/or any intellectual property rights (collectively referred to as "Intellectual Property Rights") that are associated with us or licensed to us.

- Third-Party Intellectual Property Rights: Infringement upon any intellectual property rights associated with third parties.

- Unauthorized Collection of User Information: Gathering user information without obtaining their consent.

- Circumvention of Technical Procedures: Bypassing any of the technical procedures we employ to provide services.

3. Intellectual Property Rights

3.1. Except for rights expressly granted under these Terms of Use:

1. All content on the website falls within our proprietary rights or the proprietary rights of our licensors, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software. We (or our licensors, as applicable) retain all rights, ownership, and interest in the website and services, including, but not limited to, all intellectual property rights outlined in these Terms of Use.

2. Additionally, all rights, ownership, and interests in any information, materials, or other content provided by you through your use of the services, including your intellectual property rights specified in these Terms of Use, become our property.

3.2. You agree not to use our trademarks without prior written consent.

3.3. All rights not expressly granted to you under these Terms of Use are reserved to us or our licensors.

4. Warranties, Representations, and Assurances

4.1. You ensure, warrant, and represent the following:

1. Full compliance with ongoing operation according to applicable laws, regulations, and rules, including, but not limited to, compliance with privacy laws and content regulation.

2. Full authority to contract under these Terms of Use, and your performance under these Terms of Use does not conflict with:

   - Any laws, rules, regulations, or governmental guidelines to which you are subject.

   - Any other agreements you are a party to or obligated to follow.

3. If you create or use an account on behalf of a company, you are authorized to act on behalf of that company, and this account is owned and managed by that company.

4. Ownership or authorization to grant the rights and licenses granted to us under these Terms of Use.

5. Any content you submit as part of your use of the services and for any products you list does not violate the rights of others worldwide, including, but not limited to, any intellectual property rights (whether registered or not).

According to Section 4-1, services are provided to you on an "as-is" basis without warranties, representations, or assurances of any kind, whether express, implied, or statutory, including, but not limited to, any warranties or representations regarding the fitness of the content for commercial purposes, its suitability for a particular or general purpose, non-infringement, or that our services are secure, defect-free, or will operate without interruption or generally.

4.3. Furthermore, while we strive for accuracy to the best of our ability, we do not guarantee that product specifications or any other content for any service is accurate, complete, reliable, up-to-date, or error-free. As a buyer, you agree that we are not responsible for reviewing or testing listings or content provided by us or third parties, and you will not hold us responsible for any errors or inaccuracies. As a seller, you are responsible for reviewing the accuracy of the content within your listings and will not attempt to hold us or content providers responsible for errors or inaccuracies.

5. Liability and Indemnifications

5.1. Nothing in these Terms of Use shall limit or exempt any party from:

- Fraud, including misrepresentation, committed by such party.

- Death or personal injury resulting from the negligence of such party.

- Any other liabilities that cannot be limited or exempted under applicable law.

5.2. In accordance with Section 4-1, under no circumstances shall we, our parent company, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors, or licensors—whether based on a contract claim, tort, negligence, or violation of these Terms of Use—be liable for any special claims for loss of profits, data loss, information, operational disruption, financial loss, or any special, indirect, or consequential damages, even if we or our subsidiaries, directors, officers, agents, employees, licensors, suppliers, subcontractors, or licensors have been notified of the possibility of such damages.

5.3. In addition to the extent allowed by applicable law, we (including our parent company, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors, or licensors) shall not be liable, and you agree not to hold us responsible for any direct or indirect damages arising from:

1. Content or other information you provide when using the services.

2. Your use or inability to use the services.

3. Pricing, shipping, coordination, or any guidance provided by us.

4. Delay or interruption in the provision of services.

5. Viruses or other harmful software found through access to the services.

6. Errors in the services or malfunctions or inaccuracies in any form.

7. Damage to your device through the use of products sold on the site or through our services.

8. Actions or inactions of non-users of our services.

9. Suspension or any other actions we take related to your use of the services.

10. The time period in which your listings appear in search results or their appearance method.

11. Your need to modify practices, content, behavior, or your inability to conduct business due to changes in these Terms of Use.

5.4. In accordance with Section 4-1, if it is determined that Section 4-2 or 4-3 is unenforceable or inapplicable for any reason, our total obligations, including the obligations of our parent company, subsidiaries, and affiliates, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors towards you, whether arising from any contractual claim, negligence, or violation of these Terms of Use, shall be limited to, at most, the minimum of:

1. The price at which the product was sold on the site and the original shipping prices.

2. The amount of disputed fees, provided that it does not exceed the total value of fees paid to us within the twelve (12) months preceding the action leading to liability.

3. The amount you paid.

5.5. You agree to indemnify and hold us harmless, including the indemnification and exoneration of our parent company, subsidiaries, affiliates, branches, directors, officers, agents, employees, suppliers, subcontractors, and licensors related to our company, parent company, subsidiaries, and affiliates, from any claims, losses, damages, and expenses (including legal fees and attorney fees) ("Claims") arising from:

1. Any claims or demands made by third parties resulting from your use of the services.

2. Violation of any of the provisions of these Terms of Use, including, for example, any warranties, representations, and assurances.

3. Violation of any applicable laws, including, but not limited to, data protection laws or anti-spam laws.

4. The manner in which you use our services, including, but not limited to, the content you post, the products you list, or your trademarks that infringe on the intellectual property rights of others or contain defamatory, slanderous, or offensive content.

6. Suspension or Termination

6.1. Without prejudice to any rights or remedies, we reserve the right to limit, suspend, or withdraw your access or use of the services, or cancel any product orders and/or delete content submitted by you at our discretion. Any amounts paid and received by us regarding canceled orders will be refunded.

7. Reporting Violations of Terms of Use

7.1. We commit to ensuring that the products and content on the site comply with these Terms of Use. If the content does not align with these Terms of Use, please notify us, and we will conduct an investigation into the matter.

8. Ellashine Subsidiaries and Additional Services

8.1. Ellashine provides features of the website, products, and other services to its owner, EllaShine Single Person Company LLC, and/or its subsidiaries ("Ellashine Subsidiaries"), when you use or subscribe as a buyer and/or seller on the site. The term "Subsidiary" means, concerning a specific individual, any company that is directly or indirectly controlled or subject to joint control with that individual.

8.2. To enhance your experience on the site and with Ellashine Subsidiaries, you agree that we may create additional services, functions, and/or accounts on your behalf, using the information you provide to us on the site.

9. General Provisions

9.1. Applicable Law:

These Terms of Use, along with any related non-contractual rights or obligations, shall be governed, interpreted, and enforced in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.

9.2. Dispute Resolution:

If you encounter any issues with our services, please contact us, and we will make every effort to resolve the issue at the earliest opportunity. Any disputes or controversies related to these Terms of Use, including any related non-contractual rights or obligations, shall be settled through arbitration according to the rules of arbitration of DIFC-LCIA by a single arbitrator. The arbitration center shall be in the Dubai International Financial Centre, and the English language shall be the language of arbitration.

9.3. Rights of Third Parties:

Any person who is not a party to these Terms of Use has no right to enforce any of its terms.

9.4. Relationship of Parties:

Nothing in these Terms of Use shall be construed or interpreted to characterize the relationship between us as one of partnership, agency, or a joint venture. It is understood and clear that all parties to the agreement are independent entities.

9.5. Additional Confirmations:

The parties shall take necessary actions or arrangements to enforce and verify compliance with these Terms of Use, including, but not limited to, assisting each other in complying with applicable laws.

9.6. Waiver:

These Terms of Use are committed to securing the benefit for the parties and their officially appointed successors and assigns. You agree not to waive or transfer these Terms of Use or any of your rights or duties related to these Terms of Use, whether directly or indirectly, without our prior written consent.

9.7. Entire Agreement:

These Terms of Use and the documents referred to or included in these Terms of Use constitute the entire agreement between the parties regarding the subject matter of the agreement and supersede all previous agreements, negotiations, and declarations, whether written or oral, related to the subject matter. Except as specified in these Terms of Use and the documents referred to or included in these Terms of Use, there are no terms, representations, warranties, commitments, or agreements between the parties, whether directly, indirectly, collectively, expressly, or implicitly.

9.8. Amendments:

No modifications to these Terms of Use or any additions or supplements shall be valid. We reserve the right to introduce any modification, change, addition, or completion to these Terms of Use at any time or from time to time. We will post the current version of the Terms of Use on the site, and it will be effective when published on the site or on the date specified by us as the "Effective Date," if any. Your continued use of the services following any changes constitutes your agreement to comply with the amended Terms of Use.

9.9. Severability:

If any provision of these Terms of Use is deemed void by any competent court or is unlawful or unenforceable, this provision shall be deemed severed from these Terms of Use, and the remaining terms and conditions shall remain in full force and effect, as long as the legal and economic substance of the transactions carried out under these terms remains unaffected without any adverse impact on the parties.

9.10. Force Majeure:

Neither party shall be responsible for the existence of loss, damage, delay, or non-performance resulting from acts beyond the control of either party, whether foreseeable (such as force majeure, acts issued by legislative, judicial, or regulatory authorities of any federal or local government or judicial authorities, or actions taken by any of our subcontractors or any third-party supplier of goods or services to us, or labor disturbances, or complete power interruption, or economic embargo).

9.11. Non-Waiver:

The waiver of any of the provisions in these Terms of Use does not constitute a waiver of any other (similar or dissimilar) provisions, and no other waiver is an ongoing waiver of any of the relevant provisions unless expressly stated in writing.

9.12. Contact Information:

You can contact us by going to the "Account" section and clicking on the "Contact Us" box.

9.13. Survival of Access:

All provisions that state they shall remain valid or that naturally continue to apply after the termination of the contract shall remain effective after the termination or suspension of your membership on the site.