Terms and Conditions

("Terms")

Last updated: October 9, 2018

Welcome to Caramella’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Caramella offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.


We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at info@Caramel.la


In order to access and use certain sections and features of the Caramella Services, you must first register and create an account with Caramella (“User Account”).


If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Caramella Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.


Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.


You must provide accurate and complete information when registering your User Account and using the Caramella Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.


In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.


  • Caramella will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Caramella Service, as the person or entity who has access to the e-mail address then listed in Caramella’s records for such User Account under which such User Platform or User Content was created.

  • If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Caramella will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Caramella’s database, Caramella will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Caramella will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Caramella shall consider the person registered as the owner of the domain connected to the Caramella Account as the owner of the User Platform.

  • Notwithstanding the forgoing, Caramella shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Caramella deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Caramella.  


These Caramella Terms of Use (“Terms of Use”), together with our Privacy Policy available here, and such additional terms which specifically apply to some of our services and features as presented on the Caramel.la website(s) (“Caramella Website”, and collectively – the “Caramella Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Caramella Website, the Caramella mobile application (the “Caramella App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Caramella Website or the Caramella App, collectively – the “Caramella Services” or “Services”).


The Caramella Terms constitute a binding and enforceable legal contract between Caramella Ltd. and its affiliated companies and subsidiaries worldwide (“Caramella”, “us” or “we”) and you in relation to the use of any Caramella Services - so please read them carefully.

You may visit and/or use the Caramella Services and/or the Caramella App only if you fully agree to the Caramella Terms - and by using and/or registering to any of the Caramella Services, you signify and affirm your informed consent to these Terms of Use and any other Caramella Terms applicable to your use of any Caramella Services. If you do not read, fully understand and agree to the Caramella Terms, you must immediately leave the Caramella Website and avoid or discontinue all use of the Caramella Services.


Your access to and  use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, our Privacy Policy, and our additional services’ legal terms. 

By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Introduction

Caramella.com offers online and mobile services and tools, that let create, manage and or/use your own online and mobile presence.


Content

Our services offer our users the ability to post, link, store, share and otherwise make available certain information, text, graphics, videos, content and ideas or other material ("Content") and easily create beautiful and highly functional post, to manage and promote businesses, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning posts, online e-commerce platforms, newsletters, galleries, media players, mobile and other tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”). 


You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.


Licensing

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.


You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.


Subject to your full compliance with the Caramella Terms and timely payment of all applicable Fees, Caramella hereby grants you, upon creating your User Account and for as long as Caramella wishes to provide you with the Caramella Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Caramella Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Caramella Terms, and solely within the Caramella Services.


Accounts

The account information you provide us must be your own (or your company’s), and be accurate and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

When a user account is disputed, we may determine the ownership of such user account.

  • you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Caramella Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Caramella Terms;

  • You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

  • You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

  • Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  • You understand that Caramella does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

  • And specifically regarding your User Content:

  • We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

  • You own all rights in and to any content uploaded by you, or imported, copied or uploaded by Caramella Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

  • You have (and will maintain) the full power, title, licenses, consents and authority to allow Caramella Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

  • The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Caramella and/or your End Users to access, import, copy, upload, use or possess in connection with the Caramella Services;

  • You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.


Representations and Warrants

In order to use our services, there are certain obligations and conditions you need to meet.
 

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location. 


In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Caramella or your end users to do with it) is legal.


Your Obligations

  • Fully comply with all applicable laws and any other contractual terms which govern your use of the Caramella Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  • Be solely responsible and liable with respect to any of the uses of the Caramella Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Caramella Services);

  • Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

  • Receive from time to time promotional messages and materials from Caramella or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  • Allow Caramella to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Caramella’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Caramella or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

  • Caramella’s sole discretion as to the means, manner, and method for performing the Caramella Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  • Caramella shall have the right to offer the Caramella Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Caramella Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

  • You undertake and agree not to:

  • Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Caramella Website, the Caramella Services (or any part thereof), any Content offered by Caramella or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Caramella’s prior written and specific consent and/or as expressly permitted under the Caramella Terms;

  • Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Caramella or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  • Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  • Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  • Upload, insert, collect or otherwise make available  within the Caramella Website or the Caramella Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  • Publish and/or make any use of the Caramella Services or Licensed Content on any website, media, network or system other than those provided by Caramella, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Caramella Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Caramella, in advance and in writing;

  • Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Caramella Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Caramella Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Caramella Services;

  • Act in a manner which might be perceived as damaging to Caramella’s reputation and goodwill or which may bring Caramella into disrepute or harm;

  • Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Caramella or Caramella Marks and/or variations and misspellings thereof;

  • Impersonate any person or entity or provide false information on the Caramella Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Caramella and/or any End Users;

  • Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Caramella or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  • Reverse look-up, trace, or seek to trace another User of Caramella Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Caramella Services and/or User Platform without their express and informed consent;

  • Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Caramella Services, User Platform, the account of another User(s), or any other systems or networks connected to the Caramella Services, by hacking, password mining, or other illegitimate or prohibited means;

  • Probe, scan, or test the vulnerability of the Caramella Services or any network connected to the Caramella Services;

  • Upload to the Caramella Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Caramella Services or Caramella’s systems or networks connected to the Caramella Services, or otherwise interfere with or disrupt the operation of any of the Caramella Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  • Use any of the Caramella Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  • Access to Caramella Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  • Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Caramella Services, except as expressly permitted by the Caramella Terms;

  • Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Caramella Services and/or Licensed Content; or

  • Violate, attempt to violate, or otherwise fail to comply with any of the Caramella Terms or any laws or requirements applicable to your use of the Caramella Services.
     

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.


Copyright Policy

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of report@caramellaapp.com and include in your notice a detailed description of the alleged Infringement.


You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.

Caramella acts in accordance with its interpretation of the applicable Laws . If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email, or otherwise provide the following information in writing to our designated Copyright Agent:


  1. The contact details of the person authorized to act on behalf of the owner of the copyright;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Caramella to locate the material (including URL address);

  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.


Intellectual Property

All rights, title and interest in and to the Caramella Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Caramella Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Caramella.


The Service is protected by copyright, trademark, and other laws of both the Saudi Arabia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Caramella.

The Caramella Terms do not convey any right or interest in or to Caramella’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Caramella Terms constitutes an assignment or waiver of Caramella’s Intellectual Property rights under any law.


As between Caramella and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Caramella does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.


Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Caramella.


Caramella has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Caramella shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.


Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


If your User Account or any Caramella Services or Third Party Services related to your User Account are cancelled (whether at your request or at Caramella’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Caramella shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Caramella Services following their cancellation, as determined by Caramella in its sole discretion.


Limitation Of Liability

Subject to applicable law, we will not be liable for any damages.

In no event shall Caramella, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


You agree to defend, indemnify and hold harmless Caramella, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Caramella Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Caramella Services, including, without limitation, Caramella Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.


Indemnity

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.


Disclaimer

We may monitor and edit your content.

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA, and may contain bugs or experience interruptions.

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

To the fullest extent permitted by law in each applicable jurisdiction, Caramella, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Caramella Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Caramella Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Caramella Services; (6) events beyond the reasonable control of Caramella, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Caramella Services.


You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Caramella’s services to you, and such limitations will apply even if Caramella has been advised of the possibility of such liabilities.


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.


Caramella its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Governing Law

The Caramella Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Caramella Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Caramella Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Saudi Arabia, without respect to its conflict of laws principles.


The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.


Subject to any applicable law, all disputes between you and Caramella shall only be resolved on an individual basis and you shall not have the right to bring any claim against Caramella as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes

Caramella reserves the right to change, suspend or terminate any of the Caramella Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Caramella Services (including removal of any materials created by you in connection with the Caramella Services) for any reason and/or change any of the Caramella Terms with or without prior notice - at any time and in any manner.

You agree that Caramella will not be liable to you or to any third party for any modification, suspension or discontinuance of those Caramella Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Caramella Services without enabling such changes, or provide you with alternative Services.


We may provide you with notices in any of the following methods: (1) via the Caramella Services, including by a banner or pop-up within the Caramella Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Caramella’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.


If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contact Us

If you have any questions about this Privacy Policy, please contact us using the email: info@caramela.la

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