The terms of use set forth information necessary for Users to use different digital products, such as mobile apps and websites, that ELARABY provides in connection with their products and smart devices. These Terms of Use govern and guide the user to the methods through which they may use the website and the app including rights, responsibilities, and rules applicable to the user in connection with the use of ELARABY website and mobile app, intellectual property rights relevant to the content and software of the website and mobile app, as well as other relevant rights that result from the use of ELARABY website and mobile app.
Your use of ELARABY mobile application, dashboard, and website constitutes an explicit consent to the terms of use stated hereunder. On setting up your user account on the application or the website, you will be prompted to agree to the Terms of Use and Privacy Policy of the application and the website. Please read these Terms of Use and Privacy Policy carefully. By providing your agreement to the Terms of Use and Privacy Policy, you explicitly state that you have become familiar with these Terms of Use and Privacy Policy. Your failure to provide said consent will result in your inability to use some or all the features presented in the application and website.
i. ‘Platforms’ refer to the mobile application and the website of ELARABY The mobile application which is installed by the user through visiting the official Android Market and Apple App Store on mobile devices running Android or iOS, subject to the condition that the device on which the application is installed will be updated with the latest current operating system version or up to no more than one previous version in order for the user to work properly with the mobile application. As well the Platforms include the ELARABY website, both the website and mobile application are used to manage smart home appliances produced by ELARABY over the internet.
ii. ‘the company’ refers to ELARABY for Home Industries, a Home Appliances company incorporated under Egyptian law in Cairo, Egypt, registered in Cairo with the Commercial Register under number "6689", owner of the TORNADO mobile application and the website with the domain "www.elarabygroup.com"
iii. "User" is any natural person who downloads, installs, or uses the Platforms referred to in item (I) of this section, and who has become acquainted with and accepts these Terms of Use and the Privacy Policy and the mobile application.
Minors under the age of 14 may be restricted from subscribing to the ELARABY Platforms in any event their parent or legal guardian, and the consenting parent or legal guardian shall be responsible for all customer responsibilities set forth within these terms of use.
After setting up your user account on the application, ELARABY may require verifying your identity, some of the provided information and the fact that you are not a robot, to activate your account. Please follow the stated instructions to complete the verification process and activation of your user account.
When Subscribing as a Member and Using the Account
• You must provide true, complete, accurate and not misleading information upon sign-up
• You must update any changes to such information in a timely manner
• Your password is your sole responsibility; you must ensure that it is not leaked or shared with others.
• You must notify ELARABY immediately if you suspect that your Account has been accessed without authorization
You are responsible for the use of your Account, including taking reasonably necessary measures to protect your Account. You will be held liable for any consequence arising out of acts attributable to you, including negligence in managing your Account password, and ELARABY shall not be held liable for such consequences.
We may reject your application to create an Account in any of the following events:
• if you provide incorrect and incomplete information at sign-up.
• if you sign up to use the ELARABY Platforms for commercial or unlawful purposes; or
• if we cannot admit you as a member for reasons attributable to you, such as prior breach of these Terms of Use.
The data provided by every User is used by ELARABY to provide the service requested by the User, namely remote management of the connected appliances. ELARABY may use this data for various purposes as detailed in our privacy policy
ELARABY provides the User with a non-exclusive, limited, non-transferable right of use of its services on the mobile application and the website, only for personal and non-commercial use, and in accordance with its functions and application. The User has the right to install and save the Mobile application on IOS and/or Android Terminal Devices.
The rights granted under these terms constitute the granting of a license and not the transfer of ownership.
The user must comply with the following when using ELARABY Platforms:
• comply with these Terms of Use and the applicable laws and regulations.
• respect others’ rights, including rights to personal data, privacy and intellectual property.
• refrain from conduct that infringe upon others’ rights, are defamatory, or otherwise damage the interests of any other person, including ELARABY; and
• refrain from acts that may result in the abuse of, interfere with, suspend or damage ELARABY Platforms.
Please do not use the ELARABY Platforms, or the content provided through ELARABY Platforms (“Company content”), in all/any of the following manner:
• attempt to figure out the source code or algorithm of ELARABY Platforms or the company content by engaging in, for example, reverse engineering of the software.
• attempt to arbitrarily modify or inactivate certain functions of ELARABY Platforms or the company content.
• create derivative works based on ELARABY Platforms or the company content.
• engage in services such as leasing, sub-licensing or hosting, using ELARABY Platforms or the company content
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by.
• infringe intellectual property rights, including copyright of others including ELARABY, in connection with the use of ELARABY Platforms or the company content Including remove any copyright, trademark or other proprietary notices from any portion of the Services.
• use ELARABY Platforms or the company content for unlawful purposes or by unlawful means, in violation of these Terms of Use or the applicable laws and regulations.
• use ELARABY Platforms or the company content in a malicious or harmful manner (e.g., hacking or distributing malicious codes including viruses and any harmful data).
• use ELARABY Platforms or the company content in a way that hinders other Users, damages, overloads, or deteriorates ELARABY Platforms or increases ELARABY Platform’s vulnerability to security risks; or
• attempt to decode signals transmitted between ELARABY Platforms and its servers or collect data or information from ELARABY Platforms or its system.
• link to, mirror or frame any portion of the Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services
Upon your failure to comply with the above obligations, we may suspend your access to the ELARABY Platforms for a certain period or forever. In such event, we will be responsible for proving your non-compliance; however, we will lift any such suspension if you prove your lack of intent or negligence in connection with such non-compliance. We may cancel your Account if such non-compliance that caused the suspension is not resolved within a certain reasonable period.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, and agents harmless from and against all claims arising out of your breach of these Terms and Conditions, your violation of applicable laws and regulations, your use of ELARABY Platforms, or your use of the Third-Party Services (as defined below).
All the content of the mobile application and website of ELARABY is provided "as is" without any warranties of any kind or nature, explicit or implicit, rejects and excludes all other warranties including but not limited to availability, accuracy, reliability, timeliness, completeness, implied warranties or merchantability conditions, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights.
Apart from the above, ELARABY does not guarantee or make any declarations and does not make any commitments regarding the accuracy, probable results, or the reliability of the use of the Platforms for other purposes on the Internet, the presence of a mobile network, or uploading of links to some of the sites.
ELARABY does not guarantee that the mobile application will meet the User's requirements or needs, or that it is free of defects or errors, fault-tolerant or fail-safe, or that any inconsistencies can or will be removed, and that use will be uninterrupted. The Platforms are not designed, manufactured, or intended for use in conditions or for applications that may cause death, personal injury, property damage or environmental damage. Any such use is at the User's own risk and at his/her expense. The user hereby acknowledge that (Company Name) shall not be responsible under any form of liability for any of the acts set forth herein and resulting from the User's use of the application in connection with other appliances. Those risks shall always remain the User's sole and exclusive responsibility.
Under no circumstances will ELARABY or its providers be liable for damages (including, but not limited to, damage caused by loss of data due to the User's misconduct, misuse of data, theft, or damage to property) arising out of the upload and use or inability to use the Platforms, even if ELARABY or an authorized representative of ELARABY has been notified verbally or in writing of the possibility of such damages occurring. ELARABY is not liable to the User for the cost of delivering spare parts and services; income foregone; missed sales or business expenses; investments; business-related obligations; any loss of reputation or any indirect, special, incidental, or consequential damages including lost profits, lost data, personal injury or property damage arising out of or related to, in connection with or otherwise resulting from any use of the Platforms, no matter how they were caused, under which theory of liability, and regardless of whether ELARABY was informed of the possibility of such damages. ELARABY shall not be liable for any damages, liability or losses resulting from your use of or reliance on the services or your inability to access or use the services and/or the Platforms. ELARABY shall not be liable for delay or failure in performance resulting from causes beyond ELARABY ’s reasonable control.
If, as a result of applying a law or other statutory requirement, ELARABY has to pay compensation sum or another form of liability for damages resulting from the use of the Platforms by ELARABY fault, the total cumulative liability of ELARABY referred to here for any grounds whatsoever for actions of any kind including, but not limited to a contract violation (including negligence), limited liability, breach of warranty, misinterpretation or others, shall not exceed the actual damage suffered by the User, as proven through the appropriate order.
At present, the services provided by ELARABY through the Platforms are free of charge. The User agrees to these Terms based on the disclaimer and limitations set forth herein, and that they reflect the risk sharing between the parties, and that they constitute an essential part of the agreement between the parties.
The Platforms only work if there is a good internet coverage on the used mobile or fixed device and connected to the smart appliance. If the User has no network coverage and/or no connection with the smart appliances, they will not work.
All information and data, ("User Content") created by the User with the help of ELARABY Platforms are the sole responsibility of the User, and they take all the risks associated with the use of their Content. The User declares and guarantees that the User uploaded information will be accurate, correct, up to date, and complete always.
All information provided by the User during the registration process or using any other functionality of the Platforms will be processed by ELARABY in accordance with those Terms and Conditions and the Privacy Policy.
ELARABY may revise and amend these Terms of Use at any time without prior notice. The Terms of Use shall be effective from the date indicated. When ELARABY makes amendments to the terms, the updated Terms will take effect on the day of their publication on the digital platforms. You can refer to these Terms at any time which are available on your user account.
If you use ELARABY Platforms, after the amendment to the Terms of Use, you will be bound by the new Terms of Use.
We may from time to time change the ELARABY Services as follows:
• change, add, or delete elements or functions of ELARABY Platforms, for example, for enhanced functions, performance security, bug fixes, and service improvement.
• suspend or limit the use of or access to ELARABY Platforms, including access to Accounts.
• examine, flag, modify, decline to post, block access to or delete any ELARABY Content without notice or liability; or
• disable access to, block or modify remotely any ELARABY Content previously downloaded from the ELARABY Platforms to your device, if ELARABY considers such actions necessary or appropriate in its sole discretion as a result of contractual obligations, changes in law, a court order, or for other reasons.
If ELARABY removes, disables access to, or otherwise blocks you from accessing any ELARABY Content, you will need to contact the provider of the relevant ELARABY Content.
Suspension and Termination of the Service
ELARABY may suspend or terminate all or part of the ELARABY Service in any of the following events at any time:
• to operate or improve the ELARABY Platforms or to comply with obligations under applicable laws.
• if ELARABY’s business partners that provide ELARABY with elements of the ELARABY Platforms decide to terminate the provision of all or part of such elements of ELARABY Platforms; or
• in the event of maintenance, inspection or replacement or failure of the information and communication facilities (such as, computers, servers, and telecommunication networks), surge in traffic, interruption of communication, and other reasonable ground making it difficult to continue the operation of the ELARABY Platforms.
Material change, suspension and termination adversely affecting the use of the ELARABY Platforms will be notified to Users in advance via the email registered on the Account or other reasonable ways, including posting on the ELARABY Platforms. However, changes may take effect immediately without prior notification if advance notification is reasonably deemed unpractical, or upon implementation of functions that are either beneficial to Users or legally required.
Unless otherwise required under applicable laws and regulations, Users will not be entitled to any compensation in connection with the change, suspension or termination of all or part of ELARABY Platforms.
The rights and obligations of the User and ELARABY under these Terms of Use shall survive the termination of the ELARABY Platforms or the User’s Account.
We collaborate with business partners to provide useful contents via the ELARABY Platforms. The ELARABY Platforms may include contents (e.g., information, links, and advertisements), products, services, apps, and other materials provided by a third party (“Third Party Service”). You may enjoy various benefits through the Third-Party Service. However, we do not control the Third-Party Service, and accordingly we are not liable for any damage or loss arising out of your use of the Third-Party Service. We do not make any representations or warranties regarding, and accepts no liability in respect of, the Third-Party Service. You agree that your use of the Third-Party Service will be at your sole risk, and we will have no liability to you because of your exposure to the Third-Party Service.
We provide various ELARABY Platforms free of charge, and to this end some ELARABY Platforms may include (customized) advertisements, which may be provided based on certain Users’ preferences. The ELARABY Platforms may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information. Accordingly, unless we are attributable, we will not be responsible for any liability arising out of such advertisements and communication or transaction between you and such advertiser, including any damage that may arise out of any reliance by you on such advertisements.
Governing law of Terms. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Arab Republic of Egypt. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
Arbitration Agreement.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings under the Cairo Regional Center of International Commercial Arbitration (CRCICA) Rules (the “CRCICA Rules”) . If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such CRCICA Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the CRCICA. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the CRCICA Rules. The place of both mediation and arbitration shall be Cairo, Egypt. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the CRCICA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
• In case of any conflict between these Terms of Use and additional service-specific terms that may apply to your use of ELARABY Platforms, the additional terms shall prevail with respect to the relevant ELARABY Platforms.
• In the event any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
• These Terms of Use set forth the entire agreement between the user and ELARABY, and supersedes all prior agreements, whether written or oral, notwithstanding the terms or conditions of any such prior agreements. If ELARABY fails to enforce any right or provision in these Terms of Use, such failure will not constitute a waiver of such right or provision.
• While providing ELARABY Platforms to the user, ELARABY may provide the user with various information via notification within ELARABY Platforms or via mail, email, SMS, or MMS, etc. However, if the user explicitly indicates that they do not wish to receive such information, they will no longer receive such information, and ELARABY will not be held liable for any disadvantage that the user may experience due to such exclusion.
ELARABY is not liable or responsible for delay in performance of, or any failure to perform any of their obligations under these Terms of Use that is caused by events outside their reasonable control (“Force Majeure”), in particular (but not limited to) (a) acts, decrees, legislation, regulations or restrictions of any government; (b) unavailability of public or private telecommunication networks; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. ELARABY performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and they will have an extension of time for performance for the duration of that period. ELARABY will use their reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.