Privacy Policy

ERL Privacy Policy

The Sites (as defined below) are operated by ERL Inc. ("ERL," "we", "our", "us"). Our registered office is at 315 W 36th St, New York, 10th Fl, NY, United States.

These Terms of Use and Conditions of Sale set out the terms on which we supply any of the products ("Product" or "Products") listed on any of our websites, which include www.geterl.com, and any other additional or successor sites that we operate or otherwise make available (the "Sites"). They also set out the additional terms which apply to your access and use of our Sites and our mobile applications, which include the ERL app (the "Apps"), available for download on your mobile device. The Sites and the Apps are together the "Platform."

We have two sets of terms and conditions: Part A sets out the Terms of Use and Conditions of Sale that apply to our customers in the US, and Part B sets out the Terms of Use and Conditions of Sale that apply to our customers in the EU and EEA. Please read the Terms of Use and Conditions of Sale that apply to you carefully before ordering any Products from our Sites or using our Platform. By placing an order, setting up an Account or using the Platform (including downloading the Apps), you agree to the applicable Terms of Use and Conditions of Sale. If you do not agree to these Terms of Use and Conditions of Sale you must not order any Product through our Sites or use our Platform. Certain additional services may be subject to additional terms and conditions specified by us from time to time, and your use of such services to those additional terms and conditions, which are hereby incorporated by reference.

CONTENTS

Part A – US TERMS OF USE AND CONDITIONS OF SALE


Part B – EU TERMS OF USE AND CONDITIONS OF SALE

1. ACCEPTANCE OF TERMS

You agree that by accessing or using the Platform in any manner, you are entering into a legally binding agreement with ERL based on these Terms and the ERL Privacy Policy and by making a purchase via the Sites you are further agreeing to be bound by the Return Policy and Product Warranty (these Terms, the Privacy Policy, and, if applicable, the Return Policy and Product Warranty shall be hereby incorporated by reference and collectively referred to as the "Agreement").

If you do not want to agree to the terms of this Agreement, do not access, view, or otherwise use any of the Platform.

2. CHANGES TO TERMS OF USE

We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at the Sites and/or notifying you by email. When we post changes to these Terms, we will revise the "Last Updated" date at the top of these Terms. We recommend that you check the Sites from time to time to inform yourself of any changes in this Agreement. If you do not want to agree to changes to this Agreement, you must immediately stop using the Platform. Your continued use of the Platform shall constitute your acceptance of and agreement to the revised Agreement.

3. PRIVACY

You should carefully read our full Privacy Policy before accessing or using the Platform as it governs our collection and treatment of any information, including personally identifiable information, you submit to us and is incorporated into this Agreement. You acknowledge that your submission of any information to us is voluntary and that ERL may collect, use, and share that information within the terms of the Privacy Policy.

4. TERMINATION OF SERVICE

ERL reserves the right to deny service to any person in ERL's sole and absolute discretion. The Platform is offered with the understanding that ERL may terminate your access to the Platform at any time, for any reason or no reason, including, without limitation, for any violation of this Agreement. ERL may stop offering or supporting the Platform or a portion thereof at any time.

5. ORDER AND PAYMENT TERMS

After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute ERL's acceptance of your order. Without prior notification, ERL maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. ERL reserves the right not to sell to resellers. If your order is cancelled, we will attempt to notify you using the e-mail address you have given us with the order.

ERL does not sell products through its Sites for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement and consent of a parent or legal guardian.

We accept various payment methods for Product purchases through our Sites, including Mastercard, Visa, and American Express. We will bill your payment method when you place an order for a Product through the Platform. ERL will not fulfill any Product order without authorization validation of your purchase from your payment method.

You acknowledge and agree that any offers made available through the Platform are subject to change at any time and from time to time.

We have tried to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Platform; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Platform is accurate, complete, reliable, current, or error-free.

We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold ERL liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from ERL, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action.

ERL will provide replacements for Products purchased through the Platform within thirty (30) days of purchase in accordance with our Return Policy. Returned Products must be in new condition with the original packaging and accessories. ERL will be responsible for the costs of returning Products that are returned pursuant to our Return Policy.

6. CONDITIONS AND RESTRICTIONS OF USE

USE OF PLATFORM

ERL grants you a limited, revocable, non-exclusive, non-sublicenseable, non-assignable license and right to access and use the Platform for your personal, non-commercial use in accordance with this Agreement. Except as expressly permitted by us in writing, you will not (directly or indirectly): (i) reproduce, redistribute, license, sell, create derivative works from, decompile, disassemble, reverse engineer, damage, attack, interfere with, or attempt to interfere with the Platform; (ii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform; (iii) use manual or automated software, devices, or other processes to "crawl" or "spider" the Sites; or (iv) otherwise take any action in violation of our guidelines and policies.

Furthermore, you may not use the Platform to develop, generate, transmit, or store information that: (i) is defamatory, harmful, abusive, obscene, or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Platform; (iii) performs any unsolicited commercial communication not permitted by applicable law, regulation, or ordinance; (iv) constitutes harassment or a violation of privacy or threatens another people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation, or ordinance; (vii) makes any false, misleading, or deceptive statement or representation regarding ERL and/or the Platform; or (viii) constitutes phishing, pharming, or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

ERL reserves the right to add or remove information, content, or Services from the Sites at any time in its sole discretion. Furthermore, ERL reserves all rights not expressly granted in this Agreement, including, without limitation, title ownership, intellectual property rights, and all other rights and interest in ERL, the Platform, the Product, and all related items.

CREATING AN ACCOUNT

When you access the Apps, you can choose to register with us and set up an account with an ID and password (your "Account").

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at support@geterl.com straight away to let us know.

You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Apps.

If you are given the option to connect the Apps to a third-party service (e.g. Facebook or Twitter), we will only access and use your information from that service as permitted by you and the connected service and as set out in our Privacy Policy.

YOUR RIGHT TO USE A PLATFORM

The materials and content comprising the Platform belong to us and we give you permission to use these materials and content for the sole purpose of using the Platform in accordance with these Terms of Use.

Your right to use the Platform is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.

Other than as allowed in these Terms of Use you are not given a right to use the ERL name, or any of the ERL trademarks, logos, domain names and other distinctive brand features.

As part of our Platform, we allow you to download our Apps (including any updates) [from our Sites or] via an app store for use on your mobile device for the sole purpose of accessing and using our Platform in accordance with these Terms of Use. We grant you a non-exclusive, personal, non-transferable license for this sole purpose.

Unless allowed by these Terms of Use and as permitted by the functionality of the Platform, you agree:

  1. not to copy our Apps or any portion of the Platform;
  2. not to give or sell or otherwise make available our Apps or any portion of the Platform to anybody else;
  3. not to change our Apps or any portion of the Platform in any way; and
  4. not to look for or access the code of our Apps or any portion of the Platform that we have no expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in our Apps or any portion of our Platform belong to us or the people who have licensed us to use those rights.

You agree that you have no rights in or to our Apps or any portion of our Platform other than the right to use them in accordance with these Terms of Use.

RULES OF ACCEPTABLE USE

Any use of our Platform should comply with these Rules of Acceptable Use. When using the Platform, you must not:

  1. circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
  2. create more than one account on the Platform;
  3. give any false or misleading information in your account details;
  4. permit another person to use the Platform under your name or on your behalf;
  5. use the Platform if we have suspended or banned you from using it;
  6. send junk, spam or repetitive messages;
  7. engage in any illegal or unlawful conduct;
  8. modify, interfere, intercept, disrupt or hack the Platform;
  9. misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform's own equipment;
  10. collect any data from the Platform other than in accordance with these Terms of Use;
  11. interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Platform or violate the regulations, policies or procedures of such networks;
  12. access or attempt to access any portion of the Platform by means other than through the interface that is provided by us; or
  13. remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

  1. immediate, temporary or permanent withdrawal of your right to use our Platform;
  2. issue of a warning to you;
  3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

These responses are not limited, and we may take any other action we reasonably deem

NO VIOLATION OF LAWS

You agree that you will not, in connection with your use of the Platform or Products, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Platform any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and publicity).

NO COMMERCIAL USES

You agree that you will not use the Platform for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Platform.