Terms and Conditions of Sale and Use

Last revision : August 03, 2021
 

These Terms


 
(1) This website (the "Site") and/or the services, including any mobile applications connected there to (collectively the "Services") and any offer or sale of activities (the "Offered Services") and the booking of such Offered Services (the "Booking") through the Site, are owned and operated by TM ELITECOM LLC (hereinafter also referred to as "we", "us" or "our"). These Terms of Business (the "Terms") set forth the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and/or the Services and purchase Products.
 
(2) By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to all of the Terms, you should not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms, you will learn who we are, how we sell you our Products, how you can cancel the purchase agreement and what you can do if you have a problem.
 
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parent or legal guardian.
 
(4) This site is published by TM ELITECOM LLC, 2105 Vista Oeste NW, Suite E #3962 Albuquerque, New Mexico 87120, phone: (505)-295-4061 and email: contact@tmelitecom.com and where applicable, Commercial Registry # 6531253 and EIN number: 87-1650933 
The director of the publication is TOKY RAVO RANAIVOARISOA.
You can contact us:
-by phone: (505)-295-4061 (price of a local call)
- by e-mail : contact@tmelitecom.com
- by mail : 2105 Vista Oeste NW, Suite E #3962 Albuquerque, New Mexico 8712
 
This Site is hosted by Wix.com
 
These Terms are provided in the English language.  In the event of any discrepancy between the English version of this document and any of its translations, the English version shall prevail.
 
To use our Site and/or Services, you must be at least eighteen years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not permitted to use this Site and/or our Services if it is prohibited in your country, or by any law or regulation applicable to you.
 
In addition, before placing and confirming an order, you must read and accept these Terms.
 
You may download and print these Terms.

Description of the Products
 
(1) You must carefully read the Description of the proposed Service before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Services offered are provided for information purposes only and are not binding on us.
 
(2) Please refer to the information and instructions for use on the packaging, labels and/or accompanying documents. We cannot be held responsible for any damage resulting from failure to comply with these instructions for use of the proposed Services provided on our website.
 

Purchase of the offered services 
 
(1) Any purchase of Offered Services is subject to the Terms applicable at the time of such purchase.
 
(2) You may make Reservations to purchase the Offered Services offered by us. Through our site or services, we allow you to make appointments to use our Offered Services. If you make an appointment for any of our Offered Services, you agree to show up at the designated location at the scheduled time and pay the posted price in the agreed upon payment method. If you are unable to attend the scheduled appointment, you agree to cancel the appointment at least 72 hours before the originally scheduled time. If you do not cancel a scheduled appointment, or only cancel within 24 hours, any payments you have made will not be refunded.
 
 
(3) We may require payment for a specific proposed Service. When you make a payment for any of our offered services, you acknowledge that: (i) you are required to read the full list and description of the Offered Services before committing to book them, and (ii) you enter into a legally binding contract to book an Offered Service when you complete the booking process.
 
(4) You may choose the proposed Services and available appointments you intend to book and collect them in your shopping cart by making the appropriate selections (e.g., type of service offered, quantity [if any], date and time of appointment) and clicking the corresponding button. The prices we charge are shown on the Site or Services. We reserve the right to change the posted prices for the Services offered at any time (provided that you will only be charged the amount agreed upon prior to any price change), and to correct pricing errors that may inadvertently occur, effective for the future. Additional information on prices and value added tax (VAT) at the prevailing rate and other applicable taxes, fees or charges are available on the Site during the booking process.
 
 
(5) Before you click on the "Booking Subject to Payment" button, all Services offered and appointments you have selected, including the total price, will be displayed again in a booking summary. You can then identify and correct any input errors before finally confirming your reservation. By clicking on the "Reservation subject to payment" button, you place a firm order to reserve the Services offered during the chosen appointment. However, the reservation request can only be placed and transmitted if you have accepted these Terms and Conditions by clicking on the checkbox provided for this purpose, and thus including them in your reservation request.
 
(6) We will then send you an automatic confirmation of receipt of your reservation request by e-mail, in which your reservation is again summarized and which you can print or save using the corresponding function. The automatic confirmation of receipt only documents the receipt of your reservation request and does not constitute an acceptance of this order by us.
 
(7) The legally binding agreement for the booking of the offered Services is concluded only when we send you a notice of acceptance by e-mail. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately (e.g. electronic money transfer, or instant bank transfer via Paypal, or any similar payment method). In this case, the legally binding agreement is concluded when you complete the Booking process, as described above, by pressing the "Booking subject to payment" button.
 
(8) The fee for the Services offered is due prior to the start of the provision of the Services. In the event that the deposit for the proposed Services is to be paid offline, you hereby agree to make full payment prior to the appointment. We reserve the right to refuse to provide a proposed Service at any time if payment is not made.
 
(9) You may save your preferred payment method for future use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your stored card by its last four digits.

 

 
Coupons, Gift Cards and Other Offers
 
We may from time to time offer coupons, gift cards or discounts and other offers ("Offers") in connection with our Services. These Offers are valid only for the period of time that may be specified in the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
 
 

Cancellation and Refund Policy
 
Scheduled appointments for the Services offered may occasionally be cancelled for reasons beyond our control, such as acts of nature. In this case, a refund will be provided.
 

Warranty of the Services offered
 
Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim any other warranties or conditions, whether oral or written, including, but not limited to, accuracy, timeliness, completeness, results, performance, freedom from error, or interruption of performance, title, non-infringement, quality, quality of information, quiet enjoyment, merchantability or fitness for a particular purpose (even if we have been advised of such purpose), as well as any representations, warranties, express or implied, or other terms arising from course of performance, course of dealing or usage of trade.

 
Intellectual Property

 
(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are owned or licensed by Us (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly set forth herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
 
(2) If the proposed Service you have booked requires or involves the use of digital content such as music or video, the rights indicated on the Site for that Booking will be granted to you.
 

Disclaimer of Warranty for Use of the Site and Services

The Services, Our intellectual property and all materials, information and content provided with respect thereto that are made available to any user free of charge are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy or performance of our services, except for malicious non-disclosure of defects. We do not warrant that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or upgrades. This does not affect the warranty of the Products you have purchased from us, as set forth in the "Warranty of Services Offered" section above.
 

Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set forth in these Terms, except to the extent such circumstances are not caused by your fault.
 

Limitation of Liability
 
(1) To the fullest extent permitted by applicable law, we disclaim any and all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use, or the results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
 
(2) We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our control and/or from an event of force majeure within the meaning of Article 1216 of the Civil Code. 
 

Modification of the Terms or Services; interruption

(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore review them regularly. If we change these Terms in a material way, we will notify you that substantial changes have been made. Your continued use of the Site or our Service following any such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or Service.
 
(2) We may modify the Services, discontinue providing the Services or any feature of the Services we offer, or create limitations on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you reasonable notice if it is practicable in the circumstances and we will reasonably consider your legitimate interests in taking such action.
 

Links to Third Party Sites
 
The Services may include links that take you away from the Site. Unless otherwise noted, the linked sites are not under our control and we are not responsible for their content, links, changes or updates. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided solely as a convenience to you. Our inclusion of links to other websites does not imply that we endorse their owners or their content.

 

Governing Law
 

(1) These Terms shall be governed by and construed in accordance with the laws of the United States of America , excluding its conflict of laws rules.
 
(2) If you have a concern, complaint or question about our site, please contact us at contact@tmelitecom.com
 
If, after contacting us, you feel that the problem is not resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. To submit your request to the consumer mediator, fill out the online dispute resolution form available at the following address
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
 

Miscellaneous

(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
 
(2) The section titles used in these Terms are for convenience only and have no legal effect.
 
(3) Unless otherwise specified, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of these Terms shall be severed and the remaining terms of these Terms shall not be affected and shall remain in effect.
 
(4) By accepting the Terms, you agree not to challenge the evidentiary value of documents exchanged via the Site, based on their electronic nature. The computerized registers are considered as proof of communications, orders and payments made between us.
 
(5) Your acceptance of the Terms is deemed to be an agreement of proof, within the meaning of Article 1368 of the Civil Code.
 
(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
 
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.
 
(6) The provisions of these Terms, which by their nature are intended to survive any action by us, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.
 

Contacting Us
 
To contact us, send an email to:
TM ELITECOM LLC
Email: contact@tmelitecom.com
Address: 2105 Vista Oeste NW Suite E #3962 Albuquerque, New Mexico 87120