Terms & Conditions
for E.L.V.I.S. group
THESE TERMS AND CONDITIONS AND PRIVACY POLICY STATEMENT APPLY TO YOUR ACCESS AND USE OF THE, E.L.V.I.S. PROVIDED BY for E.L.V.I.S.
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS AND PRIVACY POLICY STATEMENT. BY ACCESSING AND/OR USING E.L.V.I.S. YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY STATEMENT AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME.
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS AND PRIVACY POLICY STATEMENT. BY ACCESSING AND/OR USING E.L.V.I.S. YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY STATEMENT AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF E.L.V.I.S.
DISCLAIMER - NO WARRANTY
Although E.L.V.I.S. endeavors to ensure the accuracy and validity of all information relating to the transactions and E.L.V.I.S. products and services, please note that E.L.V.I.S. is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. E.L.V.I.S. specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through E.L.V.I.S. meet with your expectation. E.L.V.I.S. shall not be responsible for any electronic virus(es) or worm(s) that you may encounter from use of E.L.V.I.S..
To the fullest extent permitted by law, E.L.V.I.S. does not warrant that E.L.V.I.S. will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on E.L.V.I.S. is accurate, complete, timely or reliable. E.L.V.I.S. expressly disclaims liability for any delays, errors or omissions in the transmission of Content (as hereinafter defined).
To the fullest extent permitted by law, E.L.V.I.S. does not warrant that E.L.V.I.S. will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on E.L.V.I.S. is accurate, complete, timely or reliable. E.L.V.I.S. expressly disclaims liability for any delays, errors or omissions in the transmission of Content (as hereinafter defined).
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall E.L.V.I.S. Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, loss of goodwill, loss of use, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using E.L.V.I.S.. Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to E.L.V.I.S. Group reprocessing the affected data or transaction at no cost to you.
1. GENERAL
These Terms and Conditions shall be read alongside any additional terms and conditions governing any product or service provided by E.L.V.I.S. Group . In the event of conflict, these Terms and Conditions shall prevail.
Upon registration for E.L.V.I.S. you shall be automatically enrolled for E.L.V.I.S. Call Centre Service.
You shall be bound by the Call Centre Service terms and conditions which is reproduced at the end of these Terms and Conditions.
THE CONTENT OF E.L.V.I.S. IS SUBJECT TO CHANGE AT THE DISCRETION OF E.L.V.I.S.
NOTHING ON E.L.V.I.S. IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS.
E.L.V.I.S. IS INTENDED FOR ACCOUNTHOLDERS OF E.L.V.I.S. Group OF THE AGE OF 18 YEARS AND ABOVE.
2. DEFINITIONS
2.1 The following terms and expressions shall have the following meanings unless otherwise defined:
"Access Device" means personal computers or mobile phones and any other such devices that connect you to the Internet.
"Alliances" means participating merchants or Payee Corporations or any other entity whose products, services or information are made available by E.L.V.I.S. Group .
"E.L.V.I.S. Call Centre Service" or "Call Centre Service" means the phone E.L.V.I.S. made available by E.L.V.I.S. Group .
"E.L.V.I.S. Group " means Western Union and MonyGram and its principals which include any company, existing now or in the future, owning or owned by or under common ownership with either directly or indirectly, or controlling, controlled by or under common control with E.L.V.I.S.
"E.L.V.I.S." means E.L.V.I.S.
"E.L.V.I.S.s" means the products and services of E.L.V.I.S. Group as are made available to you on E.L.V.I.S..
"Content" shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available on E.L.V.I.S..
"Internet" means the worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.
"Instruction(s)" means any request or instruction to E.L.V.I.S. effected by use of a valid Login ID and Password.
"Internet Service Provider" means, the interactive dial-up access to the internet service provider's connection to the Internet, the provision of World Wide Web data and the incidental storage of data.
"Login ID" means a unique name made up of a string of characters chosen by you in order for E.L.V.I.S. system to associate the Login ID with your profile and Account(s).
"Password" means a string of characters, chosen by you and stored in E.L.V.I.S. computer system in an encrypted form, which must be keyed in by you in order for E.L.V.I.S. system to authenticate your Login ID to grant you access to E.L.V.I.S..
"Payee Corporation" means corporations approved by E.L.V.I.S. Group from time to time for the Bill Payment Service and displayed on E.L.V.I.S. bill payment screen.
"Terms and Conditions" means these terms and any amendments and/or variations thereto for access and/or use of E.L.V.I.S..
"Transaction Cut-Off Time" means 11p.m. on any Working Day, unless indicated otherwise on this Web Site.
"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays.
"Content" shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available on E.L.V.I.S..
"Internet" means the worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.
"Instruction(s)" means any request or instruction to E.L.V.I.S. effected by use of a valid Login ID and Password.
"Internet Service Provider" means, the interactive dial-up access to the internet service provider's connection to the Internet, the provision of World Wide Web data and the incidental storage of data.
"Login ID" means a unique name made up of a string of characters chosen by you in order for E.L.V.I.S. system to associate the Login ID with your profile and Account(s).
"Password" means a string of characters, chosen by you and stored in E.L.V.I.S. computer system in an encrypted form, which must be keyed in by you in order for E.L.V.I.S. system to authenticate your Login ID to grant you access to E.L.V.I.S..
"Payee Corporation" means corporations approved by E.L.V.I.S. Group from time to time for the Bill Payment Service and displayed on E.L.V.I.S. bill payment screen.
"Terms and Conditions" means these terms and any amendments and/or variations thereto for access and/or use of E.L.V.I.S..
"Transaction Cut-Off Time" means 11p.m. on any Working Day, unless indicated otherwise on this Web Site.
"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays.
2.2 References to "persons" shall include companies, corporations and individuals.
2.3 References to 'you', 'your' and 'yours' are references to customers of E.L.V.I.S. Group to whom E.L.V.I.S. has agreed to provide E.L.V.I.S. which includes individuals.
2.4 Words importing the singular shall include the plural and vice versa.
2.5 Any E.L.V.I.S. term not specifically defined or described herein shall be construed in accordance with the general practice of E.L.V.I.S. and financial institutions in Germany. Any term relating to computer technology not specifically defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Germany.
2.6 In the event of any conflict in the interpretation of this Agreement and any translation of the Agreement in any language, the English version shall prevail.
3. ELIGIBILITY FOR E.L.V.I.S.
3.1 E.L.V.I.S. is only available to E.L.V.I.S. Group of the age of 18 years and above who hold existing Account(s) that can be operated with no more than one signatory.
3.2 E.L.V.I.S. reserves the right to reject or accept any application for the Service at its sole and absolute discretion. Where E.L.V.I.S. rejects an application, it shall not be obliged to provide any reasons or explanation for such a rejection.
4. APPLICATION
4.1 You should read all terms and conditions, rules and/or regulations attached to each application form for each product and/or service that you wish to apply for.
5. YOUR LOGIN ID AND PASSWORD
5.1 By using E.L.V.I.S. you hereby warrant and undertake that you shall keep your Login ID, Password and Account(s) information confidential at all times. If your Login ID and/or Password has been compromised, misused, is lost or stolen, or if you suspect that someone has transferred or may transfer money from your Account(s) without your permission, or if you suspect any fraudulent activity on your Account(s), you are required to notify the Bank immediately using the contact information provided below followed by written confirmation. You shall not be liable for transactions entered into after E.L.V.I.S. has received such notice.
5.2 In the case of joint account holders, a separate Login ID and Password shall be used by each joint holder.
5.3 In the event one of the joint accountholders loses his or her Login ID or Password, the Bank shall remain authorised to carry out any of the Instruction(s) issued by the remaining joint accountholder(s) through E.L.V.I.S..
5.4 E.L.V.I.S. reserves the right to suspend and/or revoke the use of your Login ID and Password at any time subject however to E.L.V.I.S. having given you notice as soon as reasonably practicable. The Bank shall not however be required to provide any reasons for such suspension or revocation.
5.5 E.L.V.I.S. shall not be liable for any loss or damage in the event of any unauthorised use or access to your Login ID and Password under any circumstances save and except if such loss or damage is directly caused by E.L.V.I.S.'s gross negligence or intentional misconduct.
6. SECURE MESSAGES
6.1 E.L.V.I.S. provides you with a secure messaging system for you to ask questions and/or give comments about E.L.V.I.S. and for E.L.V.I.S. to give you the necessary notices. This messaging system is accessible to you after you sign on with your Login ID and Password to a secure session of the Service.
6.2 To ensure security of your information, E.L.V.I.S. recommends that you use only the secure messaging system when asking questions and/or giving comments.
6.3 You cannot use the secure messaging system to give Instructions to initiate transactions on your Account(s). For transactions please use the appropriate functions within E.L.V.I.S..
7. BILL PAYMENT SERVICE
7.1 The Bill Payment Service requires sufficient time for your Payee Corporation to receive your payment and credit your account properly. To avoid incurring charges, you should schedule your payments sufficiently in advance of the due date of your payment.
7.2 The Bill Payment Service shall only be used for the purpose of settling Bills to the Payee Corporation(s). The Bank shall not be liable for any disconnection or disruption in the supply of services or purchase of goods to you from the Payee Corporation. You are advised to contact the Payee Corporation(s) should you experience any such disconnection or disruption.
8. RECURRING PAYMENTS
8.1 By using this feature on E.L.V.I.S., you hereby request and authorise the Bank to make the recurring payments/transfers to either your own Account(s) or to a third party account, maintained by E.L.V.I.S. and debit your Account(s) with the amount, or equivalent thereof, inclusive of any charges thereof.
8.2 All requests for recurring payments/transfers shall be processed on the Payment Date. Although E.L.V.I.S. will endeavor to effect such recurring payments/transfers it accepts no responsibility to make the same, and accordingly E.L.V.I.S. shall not incur any liability through or by omission to follow any such Instruction(s).
9. WUPTICAL CONDITIONS
9.1 You have the right to stop your request for recurring payment/transfer, on any Working Day before the Payment Date.
9.2 E.L.V.I.S. may at its discretion cancel your request for recurring payments/transfers at any time by notice in writing to you. After receiving your request that no further payment is required, E.L.V.I.S. may without notice thereafter cancel your request for recurring payments/transfers at any time.
9.3 Your request for recurring payments/transfers shall continue notwithstanding your death or bankruptcy or such revocation of the recurring payment/transfer by any other means until and unless notice of your death, bankruptcy or such revocation is received by E.L.V.I.S.
9.4 E.L.V.I.S. may levy a non-refundable charge for each recurring payment/transfer request notwithstanding that the recurring payment/transfer could not be effected due to your Account(s) having insufficient funds.
9.5 In the event the recurring payment/transfer cannot be made due to insufficient funds in your Account(s), E.L.V.I.S. shall not be liable for not effecting the recurring payment/transfer for the Payment Date concerned. You are required to make alternative arrangements to effect the rejected requests for recurring payment/transfer concerned.
10. E.L.V.I.S. TRANSFER
10.1 By using this service, you hereby request and authorise E.L.V.I.S. through your Instruction(s) to debit your Account(s) with a specified amount of funds (inclusive of any service charges levied by E.L.V.I.S. for the use of this service) and to transfer such specified amount less the said service charges to either your account(s) or to a third party account maintained with any one of the participating financial institutions as may be determined by E.L.V.I.S. from time to time. The amount specified (inclusive of the service charges levied) must not exceed the limit per day as set out in this Web Site for the Interbank Transfer, which limit shall be determined by E.L.V.I.S. and may be varied from time to time at its absolute discretion.
10.2 Notwithstanding Clause 11.4 herein, the Transaction Cut-Off Time for the Interbank Transfer services shall be 11.00 am on a Working Day. Instruction(s) received after 11.00 am on a Working Day or on a Non-Working Day shall be processed on the next Working Day. For the purposes of these services, Non-Working Day is herein defined as Saturdays, Sundays and Federal Territory Public Holidays.
10.3 Although E.L.V.I.S. shall endeavor to process all Instruction(s) received, it accepts no responsibility for doing so and accordingly, E.L.V.I.S. shall not incur any liability through or by its omission to follow any Instruction(s).
You hereby acknowledge and agree that the Bank shall not be responsible or liable for any delay, error or failure to effect the funds transfer where the other financial institutions to which the funds transfer is to be made has delayed, rejected, refused or is otherwise unable to accept such funds transfer. In the event this occurs, E.L.V.I.S. shall immediately or as soon as practicable inform you of such fact.
You hereby acknowledge and agree that the Bank shall not be responsible or liable for any delay, error or failure to effect the funds transfer where the other financial institutions to which the funds transfer is to be made has delayed, rejected, refused or is otherwise unable to accept such funds transfer. In the event this occurs, E.L.V.I.S. shall immediately or as soon as practicable inform you of such fact.
10.4 E.L.V.I.S. hereby reserves the right to make any additions, modifications, deletions or variations to these terms and conditions governing the Interbank Transfer at its sole discretion with notification to you.
11. INSTRUCTIONS
11.1 You hereby agree that any Instruction(s) from you is an authorisation for E.L.V.I.S. to rely and act upon your Instruction(s).
11.2 Instruction(s) will only be accepted by E.L.V.I.S. if it has been affected through E.L.V.I.S. using an appropriate Login ID and Password. However, E.L.V.I.S. shall not be liable for any loss which you and/or any third party may sustain from E.L.V.I.S.'s acting on such Instruction(s), whether given by you or someone purporting to be you, authorised or unauthorised.
11.3 Any one of the joint accountholders may issue Instructions through E.L.V.I.S. and authorise E.L.V.I.S. to effect any transactions on the Account(s).
11.4 Notwithstanding anything stated herein, Instructions given before the Transaction Cut-Off Time on a Working Day will be processed the same day. All Instructions given after the Transaction Cut-off Time on a Working Day or on a day that is not Working Day, will be processed the next Working Day.
11.5 E.L.V.I.S. reserves the right, without having to assign any reasons, to refuse to act on any Instruction(s) given to E.L.V.I.S.
11.6 Your Instruction(s) shall be deemed received by E.L.V.I.S. upon issuance of a reference number on the confirmation page. For records of your dealings with E.L.V.I.S. and for subsequent verification, you should print a copy of the confirmation page for all transactions affected through E.L.V.I.S..
11.7 Any Instruction(s) given by you shall be deemed irrevocable and binding on you upon submission.
11.8 Should you have any reason to believe that an Instruction(s) has not been accurately or completely received by E.L.V.I.S., you shall inform E.L.V.I.S. by calling E.L.V.I.S. Call Centre immediately or in any other case no later than twenty-four (24) hours after transmission of the relevant Instruction(s) by yourself. E.L.V.I.S.'s contact information is provided below.
12. INTERNET E.L.V.I.S. TRANSACTION RECORDS
12.1 You agree that E.L.V.I.S.'s records shall be conclusive evidence of your dealings with E.L.V.I.S. in connection with E.L.V.I.S..
12.2 You hereby agree not to object to the admission of E.L.V.I.S.'s records as evidence in any legal proceedings on the basis that such records are not originals, are not in writing or are documents produced by a computer.
13. DISCLOSURE OF INFORMATION
13.1 Where E.L.V.I.S. needs to pass information to other financial institutions or to any of E.L.V.I.S.'s Alliances in order to execute your Instructions, you authorise E.L.V.I.S. to transmit and store information about you and your Account(s) to provide these third parties with such information.
13.2 You authorise the Bank to disclose such information to any entity within E.L.V.I.S. Group to enable the cross selling or servicing of E.L.V.I.S. Group 's products and services to you.
13.3 However if you are not agreeable to sharing your information for the purposes and/or to the parties stated in these Terms and Conditions, E.L.V.I.S. advises you to cease using E.L.V.I.S. immediately.
13.4 You hereby agree and understand that E.L.V.I.S., or any third party to whom E.L.V.I.S. has transmitted information about you or your Account(s), may disclose this information if required or authorised by law to do so.
14. - - - (removed)
15. LIMITS ON TRANSACTIONS AND ACCOUNT INFORMATION
15.1 E.L.V.I.S. is entitled to set limits on transaction(s) performed by you through E.L.V.I.S.. The limit(s) set by E.L.V.I.S. may be varied from time to time and E.L.V.I.S. shall inform you accordingly of such changes. Notwithstanding the limit(s) set by E.L.V.I.S., you can choose to set a lower limit for transactions carried out on your Account(s) through the Service, in which case the lower limit set by you shall prevail.
15.2 You agree to adhere to the limit(s) set by E.L.V.I.S. or by yourself for all transactions.
15.3 While E.L.V.I.S. takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up to date, you hereby acknowledge and agree that such information may not be up to date as there may be Instruction(s), transactions and/or charges incurred which have yet to be processed by E.L.V.I.S. Group or are in the process of being processed.
16. ERRORS AND QUESTIONS
16.1 In case of errors and questions about your transactions, payments or electronic payments, you can contact E.L.V.I.S. to lodge a complaint by using the contact information available below. The parties hereby agree to try to settle the matter amicably.
17. TERMINATION OR SUSPENSION OF SERVICES
17.1 Your use and access to this Web Site and/or E.L.V.I.S. may be terminated or suspended whether in part or whole by E.L.V.I.S. at any time subject however to E.L.V.I.S. having given you notice as soon as reasonably practicable.
17.2 Where you fail to maintain any Account(s) with E.L.V.I.S. or for any other reason deemed fit by E.L.V.I.S., E.L.V.I.S. shall be entitled to suspend or terminate your right of access to E.L.V.I.S..
17.3 You may terminate your use and access to E.L.V.I.S. by giving E.L.V.I.S. 14 days prior written notice. Upon doing so, you agree not to thereafter use E.L.V.I.S. and you further agree that E.L.V.I.S. shall not be obliged to effect any Instruction(s) received on any day falling after receipt of your notice of termination.
18. LIABILITIES
18.1 You shall be responsible for and liable for any loss or damage suffered by E.L.V.I.S. as a result of any breach of any of the Terms and Conditions in this Agreement by you.
18.2 While E.L.V.I.S. takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up-to-date, E.L.V.I.S. makes no representations or warranties that the information available on or about your Account(s) through E.L.V.I.S. will be accurate or up to date.
18.3 You shall be solely responsible for the purchase, installation, maintenance and operation of Access Devices.
18.4 Under no circumstances and under no legal theory, tort, contract, or otherwise shall E.L.V.I.S. Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using E.L.V.I.S. where any one of the following circumstances occur:
- where E.L.V.I.S. Group has reason to doubt the authenticity of the Instruction(s). In such an instance, E.L.V.I.S. Group is under no obligation to furnish reasons for exercising its discretion not to act on the Instruction(s);
- where E.L.V.I.S. Group is required by law to prohibit withdrawals from your Account(s);
- where your Account(s) is frozen or closed;
- where you are unable to access or use E.L.V.I.S. or any hyperlinked web sites;
- the use or reliance of the Content of E.L.V.I.S. (and/or any hyperlinked web sites);
- where you fail to provide necessary and/or accurate information or Instruction(s) for the performance or completion of transactions;
- where there is a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or computer virus, malicious codes, trojan horses or corruption or delay in performance or non-performance of any obligation of E.L.V.I.S. herein due to any cause beyond the control of E.L.V.I.S. Group including but not limited to technical breakdown, strikes or other industrial action or communications or power failure;
- where you fail to maintain sufficient funds in your Account(s) to perform any Instructions given by you;
- where there is an inability to perform any transactions due to limits set by E.L.V.I.S. Group or by yourself;
- where you fail to follow the current instructions, procedures and directions for using E.L.V.I.S.;
- where there is any loss or damage caused by third parties or any circumstances beyond E.L.V.I.S. Group reasonable control;
- where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through E.L.V.I.S.;
- where you encounter any electronic virus(es) or worm(s);
- where there is a failure or delay caused by the browser software or by any Internet Service Provider or any other software provider(s); and
- where there are any other circumstances beyond the reasonable control of E.L.V.I.S. Group.
18.5 Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to E.L.V.I.S. Group reprocessing the affected data or transaction at no cost to you.
19. - - - (removed)
20. INTERNATIONAL USE
20.1 The use of E.L.V.I.S. outside of Germany is subject to the Exchange Control Regulations of Bank Negara Germany or any fiscal or exchange control requirements operating in the country where the transaction is effected or requested; and the laws and regulations of Germany and the country where the transaction is effected or requested.
20.2 The maximum amount of a transaction and the purpose for which it is effected may be determined by Bank Negara Germany and the laws and regulations of the country in which the transaction is effected or requested.
20.3 You hereby agree that you are using E.L.V.I.S. at your own initiative and are responsible for your compliance with all applicable laws and regulations.
21. ASSIGNMENT, MERGERS AND/OR ACQUISITIONS
21.1 You hereby agree that E.L.V.I.S. shall be entitled to assign the rights and obligations under this Agreement to any member of E.L.V.I.S. Group .
21.2 You acknowledge and consent that the obligations created by this arrangement shall continue to be valid and binding for all intents and purposes notwithstanding any merger, acquisition, reconstruction, amalgamation or otherwise which may be made in E.L.V.I.S. whether or not resulting in the change of name in the new entity.
22. COPYRIGHT AND TRADEMARK NOTICES
22.1 All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this Service and all Content, data, information, details, materials, literature, manuals or graphics contained in this Service are properties of E.L.V.I.S. Group unless otherwise indicated. E.L.V.I.S. strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without its express prior written consent.
22.2 Copying, reverse engineering, automated browsing, downloading, commercial exploitation of the Content available on this Service is prohibited, except when it is explicitly permitted by E.L.V.I.S.
22.3 All intellectual property rights, design and contents of this Service shall belong to the Bank other than those intellectual property rights of vendors or Alliances who have permitted E.L.V.I.S. usage and reproductions of the Content on this Service.
23. DISCLAIMERS
23.1 Although E.L.V.I.S. endeavors to ensure the accuracy and validity of all information relating to the transactions and E.L.V.I.S.'s products and services, please note that E.L.V.I.S. is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. E.L.V.I.S. specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through use of E.L.V.I.S. meet with your expectation. E.L.V.I.S. shall not be responsible for any electronic virus(es) or worm(s) that you may encounter arising out of E.L.V.I.S..
23.2 To the fullest extent permitted by law, E.L.V.I.S. does not warrant that this Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on E.L.V.I.S. is accurate, complete, timely or reliable. E.L.V.I.S. expressly disclaims liability for any delays, errors or omissions in the transmission of Content.
23.3 You agree that E.L.V.I.S. relies on its Alliances for the information on the Alliances and their products, services and offers and that E.L.V.I.S. expressly disclaims all responsibility and liability in respect of such information, products, services or offers contained on this Service.
23.4 It is your responsibility to verify the information and seek independent professional advice before acting on and relying upon the information on this service as a basis for your decision.
23.5 E.L.V.I.S. shall not be liable for personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from use of E.L.V.I.S..
24. INDEMNITY
24.1 You hereby agree to indemnify and keep fully indemnified E.L.V.I.S. Group , its employees, agents, co-branders, Alliances against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by E.L.V.I.S. Group arising from your access and/or use of E.L.V.I.S. save and except for such losses and damages directly caused by E.L.V.I.S.'s gross negligence or intentional misconduct including but not limited to:
- your use or misuse of E.L.V.I.S. or the Content on this Service and any hyperlinked web sites and the services provided therein;
- your breach or non-observance of the Terms and Conditions herein; and
- infringement of rights of any third party in conjunction with your use or access to this Service.
25. LINK TO THIRD PARTY WEBSITES
25.1 This Service contains links to the other web sites and E.L.V.I.S. disclaims responsibility for the privacy practices or the content of these linked web sites. Prior to you executing a link on this Service, please be informed that our privacy policy ceases to apply and E.L.V.I.S. advises you to read the privacy policies of these linked web sites.
26. PROMOTION AND OFFERS
26.1 Information given on this Service includes exclusive deals and promotions offered by the Alliances. Any correspondence or business dealings with or participation in promotions of or any payment and delivery of goods or services, and terms, conditions, representations associated with such deals and promotions are strictly between you and the Alliances. E.L.V.I.S. shall not be responsible or liable for any loss or damages incurred as a result of any such association between you and the Alliances.
26.2 In respect of Content offered by Alliances, E.L.V.I.S. does not and shall not:
- assume any responsibility whatsoever for the accuracy or appropriateness of the information contained therein;
- verify such information or make any representations, warranties or guarantees concerning such information;
- have control over their contents;
- impliedly endorse the availability of the goods or services offered by the Alliances
- represent and/or endorse the content; and
- be liable for damages of any kind arising from the use or reliance of the contents in the advertisements, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
27. MODIFICATION OF THE TERMS & CONDITIONS
27.1 E.L.V.I.S. reserves the right to amend the Terms and Conditions herein at its sole discretion at any time. E.L.V.I.S. shall provide notice of such changes by broadcasting a message on E.L.V.I.S.'s welcome page.
28. PRIVACY POLICY
28.1 Please refer to the E.L.V.I.S. Privacy Policy Statement.
29. ANTI-SPAM POLICY
29.1 E.L.V.I.S. will not permit spammers to operate on its servers. When using the Content on this Service, you agree not to send bulk unsolicited e-mail with commercial messages to other users of this Service or the public; nor interfere, harass, threaten or abuse other users; nor post or distribute any obscene, hateful, racially offensive information or materials.
29.2 You shall have an option to receive e-mails from E.L.V.I.S. which messages may be unrelated to the purpose of the services offered under this Service. If you choose not to receive such e-mails, please inform the Bank using the contact information provided below.
30. NOTICES
30.1 You consent that all notice(s) and other communication required under these Terms and Conditions or which concern E.L.V.I.S. shall be deemed to have been delivered:
- When delivered, if delivered personally;
- On the third day, if sent by ordinary post;
- On the next day following confirmation of a successful transmission, when sent by facsimile transmission;
- On the next day after despatch, if sent by courier;
- Twenty-four (24) hours after sending, if sent by electronic mail to your last known e-mail address in E.L.V.I.S.'s records;
- Twenty-four (24) hours after sending, if sent by secure messages;
- Upon display of the notice in E.L.V.I.S.'s premises;
- On the date of publication of the advertisement, published in any national newspaper;
- Two (2) days after the date of posting of the notice contained in E.L.V.I.S. 's statement of account;
- Upon broadcasting a message or notice on this Web Site;
- Where notified to you in any other manner as E.L.V.I.S. deems fit.
30.2 All notices from you to E.L.V.I.S. concerning E.L.V.I.S. and/or these Terms and Conditions shall be in writing, signed by you and sent to E.L.V.I.S. at the address provided below or in any such other way or to such other address as E.L.V.I.S. may notify you from time to time.
30.3 All references to date and time shall be taken to be references to German date and time.
31. GOVERNING LAW AND JURISDICTION
31.1 This agreement shall be governed by and construed in accordance with the laws of Germany.
31.2 By accessing and/or using E.L.V.I.S., you hereby consent to submit the exclusive jurisdiction of the courts in Germany.