Terms of service
OVERVIEW
This website is operated by Element Performance. Throughout the site, the terms “we”, “us”, and “our” refer to Element Performance. Element Performance offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants, and contributors of content.
If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of legal majority in your country of residence, or that you have given consent for any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction (including but not limited to intellectual property laws).
You must not transmit any viruses, malware, or code of a destructive nature.
A breach of any Terms will result in immediate termination of your access to our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law.
You understand that content you submit (excluding payment information) may be transferred unencrypted over various networks and adapted to technical requirements. Payment information is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from Element Performance.
SECTION 3 – ACCURACY OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete, or not current. Content is provided for general information only and should not be relied upon as the sole basis for decision-making.
We reserve the right to modify site content at any time without obligation to update prior information.
SECTION 4 – MODIFICATIONS TO SERVICES AND PRICING
Prices for products and services are subject to change without notice.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. We shall not be liable for any modification, price change, suspension, or discontinuance.
SECTION 5 – PRODUCTS AND SERVICES
Certain products or services may be available exclusively online and may have limited quantities.
Product images are for illustrative purposes only. Actual products may vary in appearance, specification, or finish.
We reserve the right to:
Limit sales by person, region, or jurisdiction
Limit quantities of any product or service
Discontinue products or services at any time
Unless explicitly stated, products and services are provided “as is” and “as available”.
Returns, refunds, and exchanges are governed by our Returns Policy.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order.
You agree to provide current, complete, and accurate account and purchase information and to promptly update your details so transactions can be completed and communications delivered.
Orders that appear fraudulent, abusive, or placed by unauthorized resellers may be restricted or cancelled.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control. These tools are provided “as is” and “as available” without warranties.
Use of third-party tools is entirely at your own risk and subject to the third party’s terms.
SECTION 8 – THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us. We are not responsible for third-party content, products, or services.
Complaints or concerns regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS AND SUBMISSIONS
If you submit feedback, ideas, reviews, or other content, you grant Element Performance the right to use, reproduce, and publish such content without restriction or compensation.
You agree that submissions will not violate third-party rights or contain unlawful, abusive, or malicious material.
You are solely responsible for the accuracy and legality of your submissions.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy, which complies with UAE Federal Decree-Law No. 45 of 2021 (PDPL).
SECTION 11 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate at any time without prior notice.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content for:
Unlawful purposes
Violating regulations or laws
Infringing intellectual property
Harassment, discrimination, or abuse
Submitting false information
Uploading malware
Circumventing site security
We reserve the right to terminate access for violations.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, error-free, or secure service.
All products and services are provided “as is” and “as available” without warranties of any kind.
To the maximum extent permitted by law, Element Performance shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Service or products purchased.
Where liability cannot be excluded, it shall be limited to the maximum extent permitted under applicable UAE law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Element Performance and its affiliates, directors, officers, employees, and service providers from any claims arising from your breach of these Terms or violation of applicable laws.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us.
We may terminate access without notice if you breach these Terms. Obligations incurred prior to termination shall survive.
SECTION 17 – ENTIRE AGREEMENT
These Terms, along with our policies, constitute the entire agreement between you and Element Performance and supersede prior agreements.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the United Arab Emirates, with exclusive jurisdiction of the courts of Dubai, UAE, unless otherwise required by applicable law.
SECTION 19 – CHANGES TO TERMS
We reserve the right to update or replace any part of these Terms by posting updates on our website. Continued use of the Service constitutes acceptance of changes.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms should be directed to:
📧 info@elementperformance.ae
📍 Element Performance, Dubai, United Arab Emirates