Elera App - Distance Sales Contract for Digital Products

Elera App - Distance Sales Contract for Digital Products

This Distance Sales Contract (hereinafter referred to as the "Contract") is entered into by and between:

1. Parties:

  • Seller: [Your Company Name/Your Name], having its principal place of business at [Your Address] (hereinafter referred to as "Elera App" or "Seller").
  • Buyer: The individual or entity purchasing digital products from Elera App (hereinafter referred to as the "Buyer").

By purchasing digital products from Elera App, the Buyer agrees to be bound by the terms and conditions set forth in this Contract.

2. Subject Matter:

This Contract governs the sale and purchase of digital products offered on the Elera App website or platform (hereinafter referred to as the "Digital Products"). These Digital Products may include, but are not limited to, software, applications, e-books, digital courses, and other downloadable or accessible digital content.

3. Ordering and Acceptance:

  • The Buyer shall place an order for Digital Products through the Elera App website or platform.
  • By placing an order, the Buyer confirms that all information provided is accurate and complete.
  • Elera App reserves the right to accept or reject any order at its sole discretion.
  • Upon acceptance of the order, Elera App will grant the Buyer access to or deliver the Digital Products electronically.

4. Price and Payment:

  • The prices for Digital Products shall be as listed on the Elera App website or platform at the time of purchase.
  • All prices are in [Specify Currency] and are inclusive of any applicable taxes unless otherwise stated.
  • Payment shall be made through the available payment methods on the Elera App platform.
  • The Buyer agrees to pay the full price for the Digital Products at the time of ordering.

5. Delivery of Digital Products:

  • Upon successful payment, Elera App will make the Digital Products available to the Buyer through download links, access codes, or other electronic means.
  • The Buyer is responsible for ensuring they have the necessary hardware, software, and internet connection to access and use the Digital Products.

6. License and Use:

  • Upon purchase, Elera App grants the Buyer a non-exclusive, non-transferable license to use the Digital Products for personal or internal business purposes, as specified for each product.
  • The Buyer agrees not to reproduce, distribute, modify, or create derivative works from the Digital Products without the prior written consent of Elera App.
  • The intellectual property rights of the Digital Products remain with Elera App or its licensors.

7. No Refund Policy:

Due to the nature of digital products, which are delivered electronically and are non-returnable, Elera App has a strict "No Refund Policy." Once a Digital Product has been purchased and accessed or downloaded, the Buyer shall not be entitled to any refund, exchange, or credit.

The Buyer acknowledges and agrees that by completing the purchase, they waive any right to a refund.

8. Disclaimer of Warranties:

The Digital Products are provided "as is" without any warranties, express or implied. Elera App does not warrant that the Digital Products will be error-free or meet the Buyer's specific requirements.

9. Limitation of Liability:

In no event shall Elera App be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Digital Products.

10. Governing Law and Jurisdiction:

This Contract shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].

11. Amendments:

Elera App reserves the right to amend this Contract at any time. Any amendments will be effective upon posting on the Elera App website or platform.

12. Entire Agreement:

This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

By making a purchase on the Elera App website or platform, the Buyer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Distance Sales Contract, including the "No Refund Policy."