WEBSITE TERM AND CONDITIONS

YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY!

Welcome to Aluyeah! We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).

1. Terms of Use

By accessing any Aluyeah website (“Website”), or by downloading and using any Aluyeah website, download, or file (collectively, the “Aluyeah Platform”), you agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website and discontinue use of the Aluyeah Platform immediately. The materials contained on the Aluyeah Platform are protected by applicable patent, copyright, and trademark law. This Website includes (a) a Aluyeah website, (b) all information included on the Aluyeah Website, and (c) any service or files accessible via the Aluyeah Website (referred to as “Product(s)” or “Aluyeah Content”). To get help with the Aluyeah Platform, you may email us at [email protected]

2. Reservation of Rights

You acknowledge and agree that the Aluyeah Platform is provided under license, and not sold, to you. By downloading, installing, or otherwise accessing the Aluyeah Platform, you do not acquire any ownership interest in the Aluyeah Platform, or any other rights thereto other than to use the Aluyeah Platform in accordance with the license granted, and subject to these Terms. Aluyeah and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Aluyeah Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

3. Access and Representations of Use

The Aluyeah Platform may not be accessible for use in all locations. If you are using the Aluyeah Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and Aluyeah for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Aluyeah Platform in conjunction with, and under the supervision of, your parent or guardian.

4. Purchases

Aluyeah’ acceptance of your order will take place when Aluyeah message you to accept it, at which point a contract will come into existence between you and Aluyeah (referred to as “Contract”). If Aluyeah is unable to accept your order for any reason, Aluyeah will not charge you for the product. Aluyeah will assign an order number to your order and notify you of the order number upon acceptance of your order.

5. Products

Aluyeah has made every effort to display images preview accurately. The images of the products on the Aluyeah Platform are for illustrative purposes only and Aluyeah cannot guarantee that a device’s display accurately reflects the Product(s). Your product may vary slightly from those images displayed on the Aluyeah Platform. Aluyeah may update or require you to update digital content, provided that the digital content shall always match the description provided to you before you bought it.

5.1 – Refund – Product Defect Aluyeah will make the Product available for download by you as soon as Aluyeah accepts your order. Aluyeah offers a thirty (30) day money back guarantee on a Product. If you find a Product is not compatible, corrupt, or is missing on download, Aluyeah can refund you the price you paid for the Product (referred to as “Aluyeah Refund Policy”). The Aluyeah Refund Policy requires that you permit sufficient time to remedy any problem with a Product. Most issues are resolved within seven (7) days and if Aluyeah cannot resolve your issue with your Product within seven (7) days, Aluyeah will provide a full refund for the amount you paid for the Product.

5.1.1 – Please test your product within a thirty (30) day refund period to ensure it is compatible, not damaged during download. After thirty (30) days, Aluyeah will still make every reasonable attempt to assist you with any problems encountered with the Aluyeah support policy but are unable to provide a refund.

5.2 – Refund – Duplicate Purchases If you have purchased an individual product which you have already licensed from Aluyeah, Aluyeah can refund the price you paid less withholding fees from Paypal within thirty (30) days of purchase.

6. Product – Consumer Termination

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Aluyeah is performing, when you decide to end the contract, and whether you are a consumer or business customer.

If what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). If you are a consumer, Aluyeah is under a legal duty to supply Product(s) that are in conformity with this Contract. The Consumer Rights Act 2015 says digital content (for example a font) must be as described, fit for purpose and of satisfactory quality:

  • if the Product(s) is faulty, you are entitled to a repair or a replacement.
  • if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all your money back; and
  • if you can prove the fault has damaged your device and Aluyeah has not used reasonable care and skill, you may be entitled to a repair or compensation.

If you want to end the Contract because of something Aluyeah has done or has told you, Aluyeah is going to do as set forth below in this paragraph, the Contract will end immediately, and Aluyeah will refund you in full for any products which have not been provided or made available and you may be entitled to compensation. The reasons are:

  • Aluyeah told you about an error in the price or description of the Product(s) you ordered and you do not wish to proceed;
  • there is a risk that supply of the Product(s) may be significantly delayed because of events outside of Aluyeah’ control;
  • Aluyeah has suspended supply of the Product(s) for technical reasons, or notifies you Aluyeah is going to suspend a Product for technical reasons, in each case for a period of more than fourteen (14) days; or
  • you have a legal right to end the Contract because of something Aluyeah has done wrong.

If you are a consumer and have recently changed your mind about a Product, you may be able to get a refund if you are in the cooldown period, but this may be subject to deductions. Your right as a consumer to change your mind applies in relation to double purchases.

7. Aluyeah Contact and Response

To end the Contract with Aluyeah, notify Aluyeah of a concern with a Product, ask a question, or leave a comment with Aluyeah, please let us know by email. You can email Aluyeah Customer Services at [email protected] Please provide, if applicable, your name, home address, details of the order and, where available, your phone number and email address.

8. Aluyeah Responsibility – Consumer

If Aluyeah fails to comply with these terms, Aluyeah is responsible for loss or damage you suffer that is a foreseeable result of Aluyeah breaking this Contract or our failing to use reasonable care and skill, but Aluyeah is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by Aluyeah. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Aluyeah and you knew it might happen, for example, if you communicated it with Aluyeah during the sales process or it is listed in documentation on the Aluyeah Platform. Aluyeah does not exclude or limit in any way Aluyeah liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Aluyeah’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information Aluyeah provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to Aluyeah; supplied with reasonable skill and care and, where installed by Aluyeah, correctly installed; and for defective products under the Consumer Protection Act 1987.

If Product(s) which Aluyeah supplied damages a device or digital content belonging to you and this is caused by Aluyeah’ failure to use reasonable care and skill, Aluyeah will either repair the damage or pay you compensation subject to the limits set forth in these Terms and Conditions. However, Aluyeah will not be liable for damage which you could have avoided by following Aluyeah’ advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Aluyeah is not liable for business losses. If you are a consumer, we only supply the Product(s) for the uses set forth in the Aluyeah License purchased by you. If you use the products for any commercial, business, or profit purpose (referred to as “Business” or “Business Use”), Aluyeah’ liability to you will be limited as set forth below. You agree as part of these Terms and Conditions that Aluyeah’ maximum aggregate liability to you under or in connection to any Contract between you and Aluyeah will be limited to no more $50.

9. Aluyeah Responsibility– Business

Aluyeah is not liable for any business loss. Nothing in these terms shall limit or exclude Aluyeah liability for:

  • death or personal injury caused by Aluyeah’ negligence, or the negligence of Aluyeah’ employees, agents, or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation; or
  • defective products under the Consumer Protection Act 1987.

Subject to Clause listed above:

  • Aluyeah shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and
  • Aluyeah’ total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to no more than $500.
10. Purchaser Responsibility

You hereby indemnify, defend, and hold harmless Aluyeah against all losses, liabilities, costs, and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.

11. Warranties

Aluyeah provides the materials on the Aluyeah Platform “as is.” Aluyeah makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. Aluyeah does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Aluyeah Platform. Aluyeah has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Aluyeah Platform.

12. Assumption of Risk

You acknowledge and agree that you should not rely on the Aluyeah Platform for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all your data, images, and information, even if it is stored, created, retrieved, or otherwise processed by the Aluyeah Platform. You acknowledge that Aluyeah makes no representation that (a) the Aluyeah Platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Aluyeah Platform will be accurate or reliable; or (c) any errors on the Aluyeah Platform will be corrected. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR IMAGES THAT RESULTS FROM USING THE Aluyeah PLATFORM, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION, DATA, OR IMAGE RESULTING FROM COMPUTER VIRUSES.

13. Indemnity

You agree to indemnify and hold Aluyeah and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Aluyeah Platform, your violation of the Terms, or your violation of any rights of another.

14. Your Conduct

By using the Aluyeah Platform, you agree not to download, upload, post, e-mail or otherwise send or transmit any material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Aluyeah Platform. You also agree not to interfere with the servers or networks connected to the Aluyeah Platform or to violate any of the procedures, policies, or regulations of networks connected to the Aluyeah Platform, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Aluyeah Platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the Aluyeah Platform; (3) use the Aluyeah Platform for any unlawful purpose; or (4) resell or export any software, promotional image, or other Aluyeah generated customer service or educational product associated with the Aluyeah Platform. Aluyeah does not promote, recommend, or condone use of the Aluyeah Platform during activities where there is a significant risk of accident. You agree not to use the Aluyeah Platform during such activities.

15. Revisions and Errors

The materials appearing on the Aluyeah Platform may include technical, typographical, or photographic errors. Aluyeah does not warrant that any of the materials on the Aluyeah Platform or in any marketing materials are accurate, complete, or current. Aluyeah may make changes to the materials contained on the Aluyeah Platform or in its marketing materials any time without notice. Aluyeah does not make any commitment to update any of these materials.

16. Links

Aluyeah has not reviewed all links that may be posted on the Aluyeah Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Aluyeah of the third-party site or endorsement of the Aluyeah Platform by the third-party link. Use of any such linked website is at the user’s own risk.

17. Site Terms of Use Modifications

Aluyeah may revise these Terms at any time without notice. By using the Aluyeah Platform, you are agreeing to be bound by the then-current version of these Terms.

18. Your Information and Privacy

By using the Aluyeah Platform, you may submit your personal information as set forth in the Aluyeah Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information, for example, storing your Personal Information on our servers for access by the Aluyeah Platform. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. Further, you acknowledge and understand that if you choose to link the Aluyeah Platform to any third-party service, for example, Facebook, that service may require you to create an account with the third-party service, and to do so, the third party may require you to provide additional personal information that is outside our control.

19. Electronic Communications

By utilizing the Aluyeah Platform, you consent to receive electronic communications and notices from Aluyeah. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. Account Security

You are responsible for safeguarding the password that you use to access the Aluyeah Platform, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Aluyeah of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to Aluyeah, it is your responsibility to use a secure encrypted connection to communicate with the Aluyeah Platform. You are solely responsible for securing and backing up your content.

21. Intellectual Property Rights

Aluyeah and/or its licensors are the sole owners of the Aluyeah Platform and the Aluyeah services, which include any software, method of doing business, domains, and content made available through the Aluyeah Platform. Except as expressly authorized by Aluyeah, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the Aluyeah Platform. Additionally, you must not modify, decompile, or reverse engineer any of the Aluyeah Limited Websites, and/or Aluyeah Limited Platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.

22. Trademarks

“Aluyeah Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that Aluyeah uses in connection with its products and services. You may not remove, use, or alter any Aluyeah Trademarks without Aluyeah’ prior written consent. You acknowledge Aluyeah’ rights in the Aluyeah Trademarks and agree that any use of the Aluyeah Trademarks by you will inure to Aluyeah’ sole benefit. You agree not to incorporate any Aluyeah Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies except as permitted under a properly obtained license from the Aluyeah Platform.

23. License

Unless explicitly stated herein or a License is purchased or given, nothing in these Terms may be construed as conferring any license to intellectual property rights. Permission is granted to display, use, and download Aluyeah Apps or services on the Aluyeah Platform provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the Terms.

24. Termination

We reserve the right to suspend or end the Aluyeah Platform and/or your Aluyeah Account or support for the Aluyeah Platform at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Aluyeah Platform in any way that would cause us legal liability or disrupt others’ use of the Aluyeah Platform. If we suspend or terminate your use, we may attempt to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately without notice.

25. Force Majeure

Aluyeah will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, epidemics or pandemics, acts of God, war, terrorism, civil unrest, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, Aluyeah will be excused from any further performance of its obligations effected by the event for so long as the event continues, and you will not be entitled to any refund of any fees paid.

26. Merger

These Terms contain your entire agreement with Aluyeah with respect to the contents of the Terms. These Terms supersede all prior agreements between you and Aluyeah with respect to such Terms.

27. Severability

If a provision of the Terms is found to be unenforceable, that provision will be rewritten to reflect Aluyeah’s intention. All remaining provisions of the Terms will remain in effect.

28. Modifications

Any modifications to these Terms may be made by Aluyeah and will be posted on the Website or Aluyeah Platform.

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