Terms and conditions
Welcome to our website (www.ellyha.com – the “Website“). These General Terms and Conditions of Use (the “Terms“) govern the access to and use of the Website. Please read these Terms carefully. By accessing and using the Website as well as by purchasing product(s) on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, we invite you not to use our Website.
This website is managed and maintained by ELLYHA Sàrl (“ELLYHA“), with registered office in Switzerland, 4B ch. des Sarments, 1222 Vésenaz, business register number, tax code and VAT number CHE-319.454.066.
The access to and use of the Website, including display of web pages, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. ELLYHA shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider’s liability for intentional torts and gross negligence.
In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
2. Intellectual Property Rights
All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of ELLYHA and is protected by copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of ELLYHA as the case may be.
ELLYHA shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. ELLYHA shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by ELLYHA shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
3. Links to Other Web Sites
Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #ELLYHA #ellyha or #womaninellyha hashtag in a post on Instagram tagging @ellyha_official (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that ELLYHA is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
4. Disclaimers on Content
ELLYHA has adopted measures to ensure that the content of the Website is accurate and does not contain any incorrect or out-of-date information. However, ELLYHA cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, ELLYHA cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet.
ELLYHA reserves the right to refuse content we consider to be abusive or sensitive from all forms submitted via the Website.
5. Governing Law
These General Terms and Conditions of Use are governed by Swiss law.