Welcome to emisil.com. The website (including all related EMISIL websites linked to the website) (collectively referred to as the “Site”) is intended for personal information and use. You are permitted to browse the Site, however, by accessing and using the Site, or by purchasing or using our Services, you consent to comply with these Terms and Conditions detailed in this document. If you do not comprehend and consent to these Terms and Conditions, you are not permitted to access or use the Site. EMISIL reserves the exclusive right to change or modify these Terms and Conditions at any time, with or without notice. You are urged to regularly visit this page to be informed of any changes or modifications.
Throughout this document,
• The “Site” refers to the entire computing installation or facility (hardware and software) that supports or is owned by EMISIL.
• “Product” refers to any of the products or items made available for sale by EMISIL.
• “Content” refers to information or informative/instructional materials in any form made available by EMISIL or any designated third party with our consent and permission.
• “Seller” refers to (EMISIL, Us, Our, or We)
i. The current rules applicable to sale-purchase of Products (afterward referred to as “Rules”), upon acceptance and approval by the Buyer (depending upon agreement to these Terms and Conditions and getting acquainted with the Rules), shall be a legally binding contract for the Parties detailing the rights and responsibilities of the Buyer as well as the responsibilities of the Seller, terms of acquisition of the Product, the mode of payment, the delivery process, return of Products (if necessary), liabilities of both Parties as well as other conditions related to the sale-purchase of the Product at the online store.
ii. EMISIL reserves the sole right to change, modify, amend, or complement the Rules at any given time, taking into cognizance the requirements put in place by legislation.
iii. Individuals, entities or corporate bodies that are allowed to purchase Products of the online store include:
• Minors who are aged above fourteen but less eighteen years, only with the full consent of the parent or guardian, except cases whereby the minors dispose of their income independently;
• Legally capable individuals, that is, individuals who have attained the age of the majority and whose legal capacity has not been limited or restricted by a legal proceeding;
• Corporate bodies/Legal entities
iv. The current Rules have been drafted in compliance with the laws of the EU.
Some sections of the Site may mandate you to create an account with us before you access and use such sections. When and if you create the account, you consent to:
i. provide current, accurate and complete information (including valid e-mail address) about yourself as requested by our registration portal; and
ii. to update and maintain your information, in a bid to keep it current, accurate and complete.
You acknowledge and agree that in a circumstance whereby information provided by you is found to be inaccurate, untrue, not current, and incomplete, we reserve the exclusive right to terminate this Contract with you and to cancel your access and use of the Site.
You are liable for the strict confidentiality of your account (username and password). You consent not to transfer, distribute or resell your access to or use of the Site to any third party. If more than one individual proposes to use a single account belonging to a registered user, such user must apply directly to EMISIL for permission to use the account in such away. EMISIL shall be under no obligation to approve or grant any such application.
Changes to or Termination of the Service
EMISIL may change any of the Service at any time and from time to time, including the termination of the Service altogether in its sole discretion without prior notification to you.
EMISIL may terminate your account or deny you access to any of the Services at any time, with or without reason, and with/without prior notification. You may not be allowed to access any of the EMISIL Services or from using the Service or from receiving any Products or benefits from us, if we discover that you have breached these Terms and Conditions.
You are not permitted to upload to, publish or otherwise distribute through the Site any Content that is suggested to be defamatory, libelous, threatening, obscene, invasive of publicity or privacy rights, illegal, abusive, or otherwise considered to be objectionable which may encourage or constitute a criminal offense, infringe on the rights of any party or which may result in liability or violation of any law.
You are not permitted to upload any commercial content on the Site or use the Site to request or lobby others to subscribe or become members of any other online commercial service or organization.
Furthermore, you consent not to:
i. use the Site or Content in a way that is not exclusively permitted in these Terms and Conditions or the test of the Site itself;
ii. modify, copy, or create derivative works that involve the Content, but you may print a specific number of copies strictly for your personal use only;
iii. misrepresent your identity or submit any false information to us in any information collection portal of the Site (if any);
iv. take action proposed to interfere with or impair the smooth running or operation of the Site;
v. access or attempt to access any aspect of the Site to which you have no exclusive access to; and
vi. directly or indirectly grant permission to anyone to take actions prohibited in this column.
You consent to comply with all applicable regulations and laws while accessing or using the Site or the Content. You also warrant and represent that you are not less than 18 years of age.
Disclaimer of Warranty and Limitation of Liability
Your access to and use of the EMISIL Services and Product is explicitly at your own risk. EMISIL makes no guarantees of any kind, including a guaranty of accuracy, dependability, timeliness, security or availability of the EMISIL Site and Services. Without limiting the preceding, NEITHER LLC SIL-FORMA NOR ITS SERVICE PROVIDERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, CONDITION, RELIABILITY, COMPLETENESS, AVAILABILITY, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES PROVIDED BY EMISIL FOR ANY PURPOSE. BECAUSE OF THE LIKELY OCCURRENCE OF HUMAN AND/OR MECHANICAL ERROR, ALL SUCH INFORMATION, CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. EMISIL AND ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCE SHALL EMISIL OR ITS SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
• DAMAGES FOR LOSS OF USE, ACCOUNT, INFORMATION, REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR FUNCTIONALITY OF EMISIL OR RELATED SERVICES, OR
• WITH THE INABILITY OR DELAY TO USE EMISIL OR RELATED SERVICES;
THE AVAILABILITY OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH EMISIL; OR
• OTHERWISE ARISING OUT OF THE USE OF EMISIL, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EMISIL OR ITS SERVICE PROVIDERS HAS BEEN COUNSELLED OF THE LIKELY OCCURRENCE OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PROVISION OF EMISIL, OR WITH ANY OF THESE TERMS AND CONDITIONS OR THE ADDITIONAL TERMS, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EMISIL SERVICES AND ITS RELATED PRODUCTS.
Without limiting the preceding, EMISIL is not liable for any of your information housed on EMISIL hardware or database. You are exclusively responsible for maintaining back-up information, apart from the information housed by EMISIL.
You consent to indemnify and hold harmless EMISIL against and from any claims, including but not limited to loss, damages, costs, and expenses (including reasonable attorney’s fees), in connection to whether directly or indirectly, occurring as a result of your misuse or breach of the Terms and Conditions of the Site. You consent to indemnify and hold harmless EMISIL against and from any claims filed by third parties as a result of your access and use of the Site, Services and Products, and the Content you share, post or transfer on the Site or Services in any form, including through posting, emailing, reference to the Content, links, or otherwise, whether by you or any third party using your account details (username and password)
The Site, including all the pages and encryption codes directly related to it, is the exclusive property of EMISIL. No section of the Site and the Services may be republished or reprinted (unless as required to view the Content on your device) in any format without the prior written permission of EMISIL.
The Site and the Services are managed and owned by EMISIL. Unauthorized use of the Site, the Services, and the Contents may be interpreted as a violation of the copyright, trademark, patent, and other applicable laws and hence, they are prohibited. You acknowledge and consent that you do not acquire any ownership rights or attain the status of ownership by accessing the Site and using the Services.
Compliance with Law
You warrant and represent that your relations with and use of EMISIL Site is in compliance and agreement with all national, federal, state, and local laws, regulations, statutes, and ordinances. You acknowledge and agree to hold us harmless and indemnify us against any losses, damages, claims, (including attorney’s fees) arising as a result of your violation or misuse of any provision of these warranties.
Severability and Survival
The invalidity or unenforceability of any provision, part or portions of this Contract shall by no means affect the validity or enforceability of any other provision, part or portions of this Contract, which will remain valid, effective and fully enforceable.
Any provision, part or portion of this Contract which approves an obligation after termination or expiration of this Terms and Conditions (Contract) shall survive such termination or expiration of this Contract.
Our failure, inability or delay to exercise or enforce any right, privilege or power under these Terms and Conditions shall not be considered as a waiver; neither shall any partial or sole exercise of any right, privilege, or power will prevent any extra exercise thereof.
This Contract shall be managed and interpreted in accordance with the laws of the EU. All parties to this Contract at this moment agree to the exclusive jurisdiction of the EU courts for any dispute or claim arising as a result of this Contract, the Site, Services or any Contents provided therein, and relinquish any jurisdictional, venue or inconvenient objections to the courts. The inability of any party to ensure strict compliance with all the Terms and Conditions of this Contract shall not be interpreted as a waiver of any similar right or power at any later time.
Any controversy or dispute you or we may have as a result or in connection to these Terms and Conditions shall be decided upon and settled exclusively by binding arbitration mainly by written submission in the EU. Judgment may also be passed on the arbitrator's award in any court of competent jurisdiction.
Modification to these Terms and Conditions
This Contract can only be modified, updated or amended by the posting of new Terms and Conditions strictly by LLC SIL-FORMA on this aspect of the Site. Such modified or amended terms will then be merged with the existing Terms. If there are any alterations in the existing terms and the modified or amended terms, the modified terms shall take prevalence and shall be effective.