Terms and Conditions ("Terms") for Elevator Customization Application
These Terms and Conditions ("Terms") govern your use of the Lift Mart Application ("the Application") provided by Lift Mart Elevators and Escalators LLC, a company registered in Dubai, United Arab Emirates. By using the Application, you agree to be bound by these Terms.
1. Application Purpose
The Application allows you to customize and design elevators. Any use of the Application is subject to the following terms and conditions.
2. Non-Replication and Intellectual Property
a. Non-Replication: You expressly acknowledge and agree that you shall not, under any circumstances, directly or indirectly, replicate, reverse-engineer, modify, distribute, or create derivative works from the Application, including but not limited to its features, functionality, design, and algorithms.
b. Ownership: All designs, intellectual property, and proprietary information associated with the Application, including but not limited to the software, code, designs, and documentation, are the exclusive property of Lift Mart Elevators and Escalators LLC. You have no rights or claims to such property.
3. Competitor Usage and Royalties
a. Competitor Usage: Any company, individual, or entity that offers a competing product or service to the Application is explicitly prohibited from accessing or using the Application for any purpose without obtaining explicit written permission from Lift Mart Elevators and Escalators LLC.
b. Royalties: In the event that a competitor, whether knowingly or unknowingly, uses or replicates the Application in any form, they hereby agree to pay Lift Mart Elevators and Escalators LLC royalties, the amount of which shall be determined by Lift Mart Elevators and Escalators LLC in its sole discretion. Failure to pay royalties, upon demand by Lift Mart Elevators and Escalators LLC, constitutes a breach of these Terms and may result in legal action.
4. Accuracy Disclaimer
a. Design Accuracy: You acknowledge that the designs created using the Application are provided for reference only and are not guaranteed to be 100% accurate or a precise depiction of the actual elevator that will be manufactured. Variations may occur in the final product.
b. No Warranty: Lift Mart Elevators and Escalators LLC makes no representations or warranties regarding the accuracy, completeness, or reliability of the designs. The designs are provided "as is," and Lift Mart Elevators and Escalators LLC disclaims any and all warranties, whether express or implied.
5. Data Collection and Consent
a. Personal Data: You consent to the collection and processing of personal data as described in our Privacy Policy. The data collected may include, but is not limited to, information necessary for the proper functioning of the Application, user account management, and compliance with applicable laws and regulations.
6. Purpose of Data Collection
a. Data Usage Explanation: Lift Mart Elevators and Escalators LLC collects and processes personal data to enhance your user experience, improve the functionality of the Application, and ensure compliance with legal and regulatory requirements. This data helps us customize and optimize the services we provide to you.
7. Consent to Notifications, SMS, WhatsApp, Targeted Ads, and Updates
a. Notification Consent: By using the Application, you expressly consent to receiving notifications, SMS messages, WhatsApp messages, targeted advertisements, and updates from Lift Mart Elevators and Escalators LLC. These communications may be based on the information collected and are intended to provide you with relevant information, updates, and offers related to the Application.
8. Trademarks
a. Registered Trademarks: "Ultra Fuji Int." and "Lift Mart" are registered trademarks of Lift Mart Elevators and Escalators LLC. Designing elevators using this Application does not grant you the right to manufacture or use these brands externally.
9. Customer Wellbeing and Data Security
a. Customer Wellbeing: Lift Mart Elevators and Escalators LLC values the wellbeing of its customers. While we strive to provide a safe and secure user experience, we are not responsible for any malicious web attacks or unauthorized access to your data. Please exercise caution and protect your personal information.
10. Termination
Lift Mart Elevators and Escalators LLC reserves the unequivocal right to immediately terminate your access to the Application, without notice, if there are reasonable grounds to believe that you have violated these Terms or engaged in unauthorized usage.
11. Privacy
Your use of the Application is also governed by our Privacy Policy, which outlines how we collect, use, and protect your data.
12. Changes to Terms and Conditions
Lift Mart Elevators and Escalators LLC reserves the right to update and modify these Terms at any time. You will be notified of any changes, and your continued use of the Application after changes are made constitutes acceptance of the revised Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Dubai, United Arab Emirates. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Dubai, United Arab Emirates.
14. Discrepancy Between Application-Generated Document and Contract
a. Understanding of Variation: You acknowledge and understand that the designs and renderings generated by the Application are provided for reference and illustrative purposes only. The final result of the elevator may vary from the designs presented in the Application-generated document due to a variety of factors, including but not limited to construction requirements, site conditions, regulatory changes, and technical limitations.
b. Primacy of Contract: In the event of any discrepancy or inconsistency between the designs, specifications, or features presented in the Application-generated document and the terms and specifications outlined in the formal contract between the customer and Lift Mart Elevators and Escalators LLC, the terms of the formal contract shall prevail and be considered the governing document. The formal contract represents the legally binding agreement between the customer and Lift Mart Elevators and Escalators LLC and is the sole reference for the actual elevator design and installation.
c. Consultation and Clarification: If you, as the customer, have any questions or concerns regarding the differences between the Application-generated document and the formal contract, it is your responsibility to seek clarification from Lift Mart Elevators and Escalators LLC prior to signing the formal contract. Lift Mart Elevators and Escalators LLC will make reasonable efforts to address any inquiries and provide necessary explanations.
Contact Information
If you have any questions, concerns, or wish to seek permission for competitor usage, please contact us.