1. INTRODUCTION
1.1 This document sets out the terms and conditions (“Terms”) implemented by Eccenscia LLC with formation number: 2115999 (“Eccenscia” or “we” or “us”) as pertaining to the access and use of the information products, services and functions provided on www.eccenscia.com (“Website”).
1.2 Eccenscia offers the Website to you (“you” or “the user”), which includes all information, tools and services which may be available from the Website, in which instance, by visiting the Website and/or purchasing anything from Eccenscia, you agree to be bound by the Terms contained herein.
1.3 Should you disagree with any of these Terms or the policies incorporated therein, you must refrain from accessing the Website and/or using our services.
1.4 Eccenscia reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the User shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Eccenscia from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.5 In the event of an amendment to these Terms relating to your personal information, we will give you prior notice where we have collected personal information, the purpose for which we have collected that information and how it is affected by the intended amendment. The regulation of personal information is set out in the “Privacy Policy”, which is incorporated into these Terms by way of reference and a copy thereof can be found on the Website.
2. ECCENSCIA’S COMPLIANCE WITH SECTION 43 OF ECTA
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002, (“ECTA”), Eccenscia’s details are as follows:
Full name: Eccenscia LLC
Trading as: Eccenscia
Formation number: 2115999
Physical address: Sharjah Media City, Sharjah, UAE
Website address: www.eccenscia.com
E-mail address: legal@eccenscia.com
3. THE GOODS
3.1 Eccenscia provides a range of products on the Website for sale, which includes but is not limited to the license keys for the full versions of Uloq and Confisense (“the Goods”). Trial versions of the software are available from our website, the Google Playstore, Huawei AppGallery and Apple iStore.
3.2 Eccenscia shall display the purchase price of Goods on the Website; however, Eccenscia reserves the right to change such displayed prices without notice.
3.3 All prices quoted and/or displayed on the website will include the relevant sales tax payable in terms of United Arab Emirates legislation. In the event of the Goods being purchased in a country abroad, you will be liable for all import and export duties, shipping fees, local taxes or other duties or taxes payable.
3.4 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in our Returns Policy.
3.5 Eccenscia has reasonably endeavoured to ensure that the display of Goods on the Website is as accurate as possible as relating to the images and colour of Goods. However, we cannot guarantee that your computer monitor’s display of any colour or image will be accurate.
3.6 Eccenscia reserves the right to discontinue the sale of certain Goods or categories of Goods based upon its inherent business and/or operational needs, without providing notice to you.
3.7 Eccenscia reserves the right to limit the number of Goods purchased, based upon its business requirements. In the event of a limitation in the number Goods that you may purchase, which may include but is not limited to instances of a sale, you will be clearly notified and/or brought to your attention that such Goods are limited per customer.
3.8 Information and procedures relating to Returns of Goods are set out in the “Returns Policy” below.
3.9 By using this site you confirm that you are entitled to make use of the Goods or Services in your jurisdiction.
4. PAYMENT
4.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
4.2 You are required, upon confirmation of your order to ensure that payment for the Goods is made immediately by following the instructions provided to you by Eccenscia’s safe and secure intermediary payment portal and/or agents.
4.3 Eccenscia shall not process your order and/or Goods until such time as payment has been made, without which your order is not confirmed and therefore not agreed to between yourself and us.
4.4 Upon receipt of payment, Eccenscia shall have the Goods delivered to you, as set out below in clause 5 “Delivery”.
5. DELIVERY
5.1 Eccenscia will ensure that the licence key purchased is delivered to you within 24 hours of the purchase. Delivery will be made to the email details as selected when you registered or made the
5.2 Eccenscia is not responsible for any loss or unauthorised use of a product, after the Goods have been provided to you.
6. LINKED THIRD PARTY WEBSITE AND THIRD PARTY CONTENT
6.1 Eccenscia may provide links to third party websites on the Website. These links are provided to you for convenience purposes only. Eccenscia does not endorse, nor does the inclusion of any link imply Eccenscia’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
6.2 While Eccenscia tries to provide links only to reputable websites or online partners, Eccenscia cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Eccenscia. Eccenscia is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
6.3 You agree, by use of the Website, that Eccenscia shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
7. USAGE RESTRICTIONS PERTAINING TO THE WEBSITE
The User hereby agrees that it shall not itself, nor through a third party:
7.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
7.2 decompile, disassemble or reverse engineer any portion of the Website or Software;
7.3 write and/or develop any derivative of the Website or any other software program based on the Website or delviered via the Website;
7.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Eccenscia ;
7.5 without Eccenscia’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
7.6 remove any identification, trademark, copyright or other notices from the Website;
7.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
7.8 notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
8. SECURITY
8.1 In order to ensure the security and reliable operation of the Website to all Users, Eccenscia hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
8.2 You may not utilise the Website in any manner which may compromise the security of Eccenscia’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Eccenscia suffer any damage or loss, civil damages shall be claimed by Eccenscia against the user.
8.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Eccenscia and its affiliates, agents and/or partners.
9. RISK, LIMITATION OF LIABILITY AND INDEMNITY
9.1 Your use of this Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof, in as far is allowed in the law.
9.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall Eccenscia be liable for any loss, harm, or damage suffered by the user as a result thereof. Eccenscia reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should Eccenscia deem it necessary.
9.3 Tothe extent permissible by law:
9.3.1 Neither Eccenscia, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Eccenscia knows or should reasonably have known or is expressly advised thereof.
9.3.2 The liability of Eccenscia for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Eccenscia rectifying the malfunction, within a reasonable time and free of charge, provided that Eccenscia is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Eccenscia. However, in no event shall Eccenscia be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
9.3.3 You hereby unconditionally and irrevocably indemnify Eccenscia and agree to hold Eccenscia free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Eccenscia or instituted against Eccenscia as a direct or indirect result of:
9.3.3.1 your use of the Website;
9.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Eccenscia;
9.3.3.3 your failure to comply with any of the terms or any other requirements which Eccenscia may impose from time to time;
9.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
9.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Eccenscia.
9.4 Eccenscia makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Eccenscia for any loss suffered by you, as a result of information supplied by Eccenscia being, among other things incorrect, incomplete or inaccurate.
10. RETURNS POLICY
10.1 Eccenscia provides a 7 day-money back guarantee, to ensure you are happy with the products and services purchases and to allow you time to review the use of the product. Any request for a refund during the 7 day period must be directed to support@eccenscia.com.
10.2 Other than the cooling-off period mentioned above, Eccenscia will only refund you in the event the product is faulty, defective or otherwise differs from the sample shown to you. You must provide written proof to Eccenscia at support@eccenscia.com that the product is defective along with proof of purchase to allow us to process your refund.
11. BREACH AND/OR CANCELLATION BY ECCENSCIA
11.1 Eccenscia is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Eccenscia’s right to claim damages, should any user:
11.1.1 breach any of these Terms;
11.1.2 in the sole discretion of Eccenscia, use the Website in an unauthorised manner; or
11.1.3 infringe any statute, regulation, ordinance or law.
11.2 Breach of these Terms entitles Eccenscia to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Eccenscia on an attorney and own client scale.
11.3 In the event of cancellation of this agreement, including due to your breach of this agreement or a refund or return processed on your behalf, Eccenscia will ensure all affected licence codes delivered to you are destroyed and rendered inoperable.
12. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates.
13. GENERAL TERMS AND CONDITIONS
13.1 This Website is controlled, operated and administered by Eccenscia from its offices and/or the offices of its third-party service provider, which are situated within the United Arab Emirates.
13.2 Eccenscia makes no representation that the content of the Website is appropriate or available for use outside of the United Arab Emirates. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of the United Arab Emirates export laws and regulations. If the user accesses this Website from locations outside of the United Arab Emirates, that user is responsible for compliance with all local laws.
13.3 Eccenscia does not guarantee continuous, uninterrupted or secure access to our services, as the operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
13.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
13.5 Eccenscia’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Eccenscia.
13.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.10 These Terms set forth the entire understanding and agreement between Eccenscia and you with respect to the subject matter hereof.
Physical Address (Head Office)
ECCENSCIA LLC
Sharjah Media City
Sharjah
UAE
Formation No: 2115999
Email
info@eccenscia.com
