Terms of Use
VERSION 1.1 (10.30.2024)
General Provisions
1.1 These Terms of Use (the “Terms”) apply to:
- The website https://adalysbali.com/
- Any subdomains of it (the “Website”) and/or services offered through the Website.
1.2 The Website is the official site of Ada Lys Bali.
1.3 By accessing or using the Website and any services (hereinafter referred to as the “Service” or “services”) or digital products (hereinafter referred to as “Product” or “Products”) made available through the Website, you (“User” and collectively with others using the Website “Users”) agree without modifications to be bound by these Terms.
Service Provision
The Company provides Services and Products related to digital downloads and digital services, including original artworks, graphics, and other digital content. You agree to use the Services and Products only for the purposes permitted by these Terms and any applicable laws, regulations, or generally accepted practices or guidelines in relevant jurisdictions.
The Services and Products are provided by the Company, and the terms “we,” “us,” and “our” refer to this legal entity. The Company may change the scope of the Services or Products or stop providing Services entirely at any time.
Certain Services or Products may be provided by different parties, including subsidiaries, affiliates, or subcontractors of the Company, in which case the Company will notify you of the name of such service provider.
Legal Rights and User Responsibilities
These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.
The information available on our Website may be altered or removed at any time without prior notice. The Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent.
We will provide notice of any changes to these Terms by posting the revised Terms on the Website, changing the “Last Revised” date at the top of the Terms, and emailing Users at their provided email addresses, or by any other means determined by the Company.
Subject to applicable law, the method of notification will be at the Company’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances unless the Company is duty-bound to do so under applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or as soon as the Company transmits the information to Users (e.g., via email). These changes will apply instantly to all then-current and subsequent users of the Website. Your continued use of this Website constitutes acceptance of such changes or modifications.
If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.
Intellectual Property and Copyright of Feedback Materials
All information, data, and content of a graphic nature, or any subject matter recognized as intellectual property under applicable laws available on our Website is the property of the Company and its related entities and affiliates.
You may not copy, duplicate, print, or circulate the information on this Website without our prior written consent.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, or original or creative materials you provide on our Website or social media accounts regarding the Company or the Services (collectively, “Feedback”) are non-confidential and will become the sole property of the Company.
The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Company grants you a non-exclusive, perpetual, and non-transferable license to use the Website solely for the purposes indicated herein, and you shall have no right to resell or otherwise distribute any content of the Website.
Confidentiality of the Transmission of Information Over the Internet
The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, the Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with the Company containing your personal information.
While the Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to the Company and will treat such information in accordance with the Company’s Privacy Policy, in no event will the information you provide to the Company be deemed to be confidential, create any fiduciary obligations for the Company, or result in any liability for the Company in the event that such information is accessed by third parties without the Company’s consent.
The Company may disclose to third parties the fact that you are a client of the Company and the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with the permitted provision of information.
Limited License
The Company grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Website and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information or other approved purposes as expressly permitted by the Company from time to time.
Any other use of the Website or Content is expressly prohibited.
You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part, for commercial or non-commercial purposes.
Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.
If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. “Ada Lys Bali” and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company.
You may not copy, imitate, or use them without the Company’s prior written consent. You will not, nor will you authorize or encourage any third party to:
(i) Use the Services to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Company;
(ii) Use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.
Third-Party Content
The Company, its affiliates, and its Users may provide third-party content on the Website and may provide links to web pages and content that are not owned or controlled by the Company (collectively, the “Third Party Content”) as a service to those interested in this information.
The Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness.
You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk.
Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.
Applicable Law and Jurisdiction
You understand and accept that the relationship between you and the Company shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions. If any provision of these Terms is held to be invalid, void due to contradicting law, or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions. Any disputes arising out of this Agreement shall be settled in Harju County Court pursuant to the laws of the Republic of Estonia.
Any dispute arising out of or related to these Terms is personal to you, and you hereby agree that such dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which individuals attempt to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
LIMITATION OF LIABILITY
The Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for any damages or losses arising from the use of digital downloads or digital services provided through the Website.
Prices
All prices presented on the Website are in euros and include VAT at the rate valid in the Republic of Estonia.
The price of digital products sold via the Website is not subject to a delivery fee, as all products are delivered electronically.
Customers pay for their orders in advance according to the provisions outlined in the order completion section below.
Completion of the Order on the Website
On the Website, an adult and able-bodied natural person can place and complete an order. The person whose bank account or credit card was used to make the payment is responsible for the consequences of an order placed by a non-compliant person.
Orders can be placed as an unregistered user.
On the Website, it is possible to buy digital products through the “Checkout” link displayed.
The Company reserves the right to withdraw from the sales contract concluded through the Website and not deliver the ordered digital products if they are no longer available.
To complete the order via email, the User must provide the name of the desired digital product to the Company; their first and last name; and a valid email address for delivery. For orders submitted by email, the User pays Ada Lys Bali by bank transfer to the settlement account indicated on the invoice.
Website Shopping Cart and Ordering
The shopping cart is created when the User adds a digital product to the cart (“Add to cart” option). By clicking on the “View Cart” option, the contents of the shopping cart will open for the customer along with the amount to be paid.
The number of digital products in the shopping cart is not limited, and the contents can be adjusted until the order is confirmed and payment is made.
In order to place an order, all mandatory data fields of the checkout form must be filled.
The User undertakes to check the content, quantities, and conformity of their order before final confirmation and payment. The content of the confirmed order cannot be changed later.
If the User has entered incorrect contact information on the order, the Company is not responsible for any resulting damage or consequences.
When the order reaches the Company, an automatic email confirming receipt of the order is sent to the User’s email address.
Once the order has been completed, an automatic notification of the delivery time of the order will be sent to the User’s email address.
In case of possible inaccuracies or errors in the order, the User must immediately contact the support service of the Company by email at support@adalysbali.com.
Payment for the Order
Digital products ordered from the Website can be paid in full in advance via a suitable bank link, by credit card, or via PayPal.
The sales contract between the Company and the User is deemed to have been concluded from the moment the customer submits the order, confirming acceptance of the terms and conditions applicable to the contract and payment of the amount due via the selected payment method.
The Company has the right to cancel the order if necessary. In case of cancellation of the order, the Company will return the total cost of the order to the User’s current account immediately, but no later than within 14 days from the moment of canceling the order.
In the event that the delivery of the digital product ordered by the User is not possible within the time limit specified, the Company will immediately inform the User using the contact information provided on the order form.
Issuance and Delivery of Orders
Digital products ordered through the Website are delivered electronically.
The Company is not responsible for damage caused to the User if, for reasons not attributable to the Company, third parties have obtained access to the order confirmation or the User’s account and have accessed the digital products based on this.
The Company is not responsible for delivery delays if the digital products have been made available to the User on time, but the delivery delay is due to circumstances beyond the Company’s control.
The digital product will be sent to the User’s email address provided during the order process.
Cancellation of Order and Return of Products
After paying for the order, but before the digital product has been delivered, the User has the right to cancel the order by sending a corresponding statement to the email address support@adalysbali.com together with a document confirming the purchase. In case of cancellation of the order, the Company will return the total cost of the order to the User’s current account immediately, but no later than within 14 calendar days.
All digital products purchased from the Website are subject to a 14-day right of return, provided that the product has not been downloaded or accessed. To return a digital product, the User must submit a written statement of withdrawal from the contract in the prescribed form.
The User is responsible for the shipping cost in case of a return. The Company will not refund the shipping and delivery costs to the User.
The returned products must not be used or damaged. The User has the right to inspect the digital products before downloading them. If the User has used the digital product in a way that exceeds normal usage, the Company reserves the right to offset the decrease in value of the product against the refund amount owed to the User. The Company will send a notification of this offset to the email address provided in the User’s order.
According to the Debt Law Act, the 14-day right of withdrawal from the contract does not apply to digital products once they have been downloaded or accessed. Therefore, the right of return does not extend to digital downloads that have been accessed or used.
Liability and Force Majeure
The Company is not responsible for damage caused to the User or for delays in the delivery of the digital product if the damage or delay is due to circumstances beyond the Company’s control, including force majeure.
Processing of Personal Data
The personal data of the Website User is processed in accordance with the Company’s data protection terms and conditions (insert link here).
When using the sales environment of the Website, the Company collects data about the digital products purchased by the User. The User gives the Company permission to send information to their email address regarding the use of the service and the fulfillment of contractual obligations by the Company.
When using the Website, the User gives consent to Ada Lys Bali to process their personal data.
The User has the right at any time to access their personal data or to request the modification, termination of processing, or deletion of their personal data (except in cases provided by law), for which a free form application must be sent to support@adalysbali.com.
Other Terms
The Company, Ada Lys Bali, has the right to unilaterally change the conditions of use of the Website sales environment by notifying Users within 14 days on the Company’s web address https://adalysbali.com.
Issues not resolved separately in these conditions are based on the legislation in force in the Republic of Estonia.
Disagreements between the User and Ada Lys Bali regarding the execution, modification, or termination of the contract shall be resolved by the parties through negotiations. If no agreement is reached, the User has the right to appeal to the Consumer Disputes Committee of the Consumer Protection and Technical Supervision Agency (TTJA) or use the appropriate ODR platform http://ec.europa.eu/odr of the European Union Consumer Advisory Center operating at the TTJA for the protection of their rights.
You agree and acknowledge that all agreements, notices, disclosures, and other communications that the Company provides pursuant to these Terms may be provided in electronic form. If you have any questions regarding these Terms, you are welcome to contact us by email at support@adalysbali.com.