NookSouq Terms and Conditions (Powered by Trade&Trend LLC)
1. INTRODUCTION
Welcome to TRADE&TREND LLC (hereinafter referred to as “Trade&Trend”), who operates
NookSouq, a fashion-based e-marketplace technology platform which allows users to sell and purchase
both new and pre-loved items within the United Arab Emirates (UAE) (“Items”) on its website
www.nooksouq.com (“Website”) and any related mobile or software application (“App”).
These Terms and Conditions (“Terms”) are intended to make you aware of your legal rights and
responsibilities with respect to your access to, and use of, the Website and/or App. Trade&Trend LLC
maintains the https:/www.nooksouq.com website (“Site”). In these Terms, “we”, “us”, “our”, or
“Trade&Trend” refers to TRADE&TREND LLC, a company registered with the Sharjah Media City,
holding business license number 2112594.01, and “you”, “your”, or “User(s)” shall refer to you as
the Website and/or App User. Any information, text, links, graphics, photos, audio, videos, data, code,
or other materials or arrangements of materials that you can view, access, or otherwise interact with
through the Website and/or App, shall be referred to as “Content”. The Content that you contribute,
submit, transmit, and/or post to, or through the Website and/or App, shall be referred to variously as
“Your Content”, “Content of yours”, and/or “Content you submit.” Please read these Terms
carefully. By using our Website and/or App, you confirm that you accept these Terms of use and that
you agree to comply with them. If you do not agree to these Terms, you must not use our Website and/or
App. Upon accessing the Website and/or App, including any version of this Website and/or App that
has been amended to geographically suit its Users, you will be asked to consent to being bound by these
Terms as well as our Website privacy policy (“Privacy Policy”). Users are hence advised to review
these Terms and our Privacy Policy prior to the use of the Website and/or App. These Terms, together
with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of
the Website and/or App. We will not trade with or provide any services to OFAC (Office of Foreign
Assets Control) and sanction countries in accordance with the law of the UAE.
2. DEFINITIONS
The definitions and rules of interpretation in this Clause 2 shall apply throughout these Terms:
“Account” means the Account you create with NookSouq using your electronic mail (e-mail) account
to access the Website and/or App, or certain third-party social networking accounts, including Facebook
and Google;
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country
or region from where you are accessing the Website and/or App;
“Buyer” means the User holding an Account on the Website and/or App, who is purchasing the Items
from the Seller, posted on each Seller’s respective Account;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other
materials or arrangements of materials that you can view on, access, or otherwise interact with through
the Website and/or App;
“External Sites” has its meaning given to it under Clause 3.6 below;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and
registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark
applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright
applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v)
computer systems and applications software, including all documentation and modifications thereof;
“Item(s)” means any Item listed for sale on our Website and/or App by the Sellers on the platform;
“Item Description” means and includes the description, images, availability, limitations, and safety
measures, of the relevant Item(s) as posted by the respective Users on their separate accounts on the
Website and/or App. The Item Description varies from one Item to another;
“Listing(s)” has its meaning given to it under Clause 3.11 below;
“Minor” has its meaning given to it under Clause 11.16 below;
“NookSouq” is the Website and/or App powered by TRADE&TREND LLC, a company holding
business license number 2112594.01 and their respective directors, agents, servants, officers, and
employees;
“Order(s)” means any Item(s) purchased by the Buyer from the Seller;
“Policies” means any terms, conditions, and policies (separate from these Terms), made available on
the Website and/or App;
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“Seller” means the User holding an Account on the Website and/or App, who is selling Items on their
respective accounts to the prospective Buyer(s);
“Terms” means the clauses of these Terms and Conditions;
“Total Amount” has its meaning given to it under Clause 7.1 below;
“Use” has its meaning given to it under Clause 6.3 (ii) below;
“User” means the Account holder or a User of the Website and/or App who is either buying or selling
pre-loved Items;
“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations; and
“Website” means the Website www.nooksouq.com owned by Trade&Trend to provide and facilitate
e-commerce services such as the sale and purchase of Item(s) to the User.
3. USE OF THE WEBSITE AND/OR APP
3.1 In order to use and access certain features of the Website and/or App, the User must create an Account
using their e-mail address, or certain third-party social networking accounts, including Facebook and
Google. Should the User wish to create an Account, then the User must provide complete and accurate
information, and warrant to update such information as and when required. The User must keep their
password confidential and is solely responsible for maintaining the confidentiality and security of their
own Account, all changes and updates submitted through their Account, and all activities that occur in
connection with their Account. The User is encouraged to use strong eight (8) character passwords, with
a combination of upper-case and lower-case letters, and numbers.
3.2 In creating an Account, you represent and warrant that all information provided to us in such process is
true, accurate, and correct, and that you will update your information as and when necessary in order to
keep it recent. You may not impersonate any person or entity, create, or use an Account for anyone
other than yourself, provide an e-mail address other than your own, provide or use false information to
obtain access to the Website and/or App that you are not legally entitled to claim, or otherwise mislead
as to the origin of a card or other content. You acknowledge that any access to NookSouq using falsely
claimed Accounts may cause us, or third parties, to incur substantial economic damages and losses for
which you may be held liable and accountable.
3.3 User is responsible of maintaining confidentiality of his/her account.
3.4 The User represents and warrants that you are at least eighteen (18) years of age and are able to enter
into legally binding agreements. Customer using the website who are minor/under the age of 18 shall
not register as a User of the website and shall not transact on or use the website.
3.5 We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued
use of the Website and/or App following the amendments represents the Users’ agreement to be bound
by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly
while using the Website and/or App.
3.6 We may, from time to time, decide to change, update, or discontinue certain features of the Website
and/or App. You agree and understand that we have no obligation to store or maintain your Content or
other information you provide, except to the extent required by the Applicable Law(s).
3.7 The Website and/or App may include advertisements with external links on third-party websites
(“External Sites”). We do not investigate, review, endorse, represent, or control the content of any
External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or
assume any liability towards the content displayed on External Sites. External Sites may collect your
data, send cookies, solicit personal information or otherwise, and you are responsible for reviewing the
External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access,
browse, link, and/or bookmark the External Sites at your own risk.
3.8 The Website will include external links to NookSouq’s Facebook, TikTok, and Instagram pages
3.9 We may also select certain websites as priority responses to search terms that you enter, and we agree
to allow advertisers to respond to certain search terms with advertisements or sponsored content. We
do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible
for the content of linked third-party websites, websites framed within our Website and/or App, thirdparty
websites provided as search results, or third-party advertisements, and do not make any
representations regarding their content or accuracy. Your use of third-party websites is at your own risk
and subject to the terms and conditions of use for such sites. We do not endorse any service(s) advertised
on the Website and/or App.
3.10 Some Content you see or otherwise access on, or through the Website and/or App, is used for
commercial purposes. You agree and understand that we may place advertising and promotions on the
Website and/or App alongside, near, adjacent, or otherwise in close proximity to your Content for
commercial purposes.
3.11 In the event of any breach or violation of any Terms hereunder, NookSouq reserves the right to pursue
legal remedies available under the Applicable Law(s).
Sellers and Listings
3.12 Sellers are able to advertise and sell their Items by listing their Items on our Website and/or App. A
listing is considered to be each Item that the Seller wishes to sell on the Website by posting it on their
respective Account(s) (“Listing(s)”).
3.13 Sellers are required to publish images of the Items they wish to sell and will be solely liable for the
viability of any such Item and the accuracy of the Item Description on their Account(s).
3.14 Sellers shall ensure that they thoroughly read and follow the terms of listing their Item(s) prior to
uploading the same. We reserve the right to take corrective action against the Listing(s), should the
Sellers fail to follow the appropriate guidelines.
3.15 Sellers may only advertise Items that are currently available for sale and in stock. Any Items sold shall
be automatically marked as ‘sold’ and/or removed from the Website and/or App in order to avoid any
duplication in sales.
3.16 It shall be at our sole discretion to remove any Items and/or Listings that violate these Terms and/or
your use of the Website and/or App.
3.17 NookSouq shall not bear any liability whatsoever regarding the quality, safety, legality of the Items
advertised, the accuracy of any picture and Item Description, the ability of Buyers to purchase the Items,
and the ability of the Seller to complete the transactions.
3.18 There shall be a search bar in order to allow Users to search for a specific Seller and/or specific Items.
The Website and/or App shall allow the Users to filter and narrow their searches to options including,
but not limited to, gender, size, color, price range, usage, and brands.
4. PROHIBITED ACTIVITIES
4.1 The Content and information available on the Website and/or App are proprietary to NookSouq or
licensed to NookSouq by third parties. Users agree that they shall not engage in any of the following
activities in connection with your use of the Website and/or App:
i. post information on the Website and/or App that is obscene, defamatory, threatening, or
malicious in nature, or any other material that is prohibited by the Applicable Law(s);
ii. publish any copyright material, or material protected by any other Intellectual Property rights,
unless a legal right to use and post such material has been obtained and is valid at the time of
posting;
iii. infringe or use NookSouq’s brand, logo(s), and/or trademark(s) in any business name, e-mail,
URL, or other context unless expressly approved in writing by the owner of the Intellectual
Property as applicable;
iv. attempt to circumvent any protective technological measure associated with the Website and/or
App;
v. violate the restrictions of any robot exclusion headers on the Website and/or App, bypass, or
circumvent their measures employed to prevent or limit access to the Website and/or App;
vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or
otherwise exploit any Content of the Website and/or App, including, but not limited to, User
profiles and photos, using any robot, spider, scraper, or other automated means, or any manual
process for any purpose not in accordance with these Terms, or without the express written
authorisation from NookSouq;
vii. attempt to access or search the Website and/or App or any Content contained therein through the
use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders,
scraper, crawlers, data mining tools or the like) other than through software generally available
through web browsers (such as search engines like Google and Yahoo);
viii. download any Content unless it is expressly made available for download by NookSouq from the
Website and/or App;
ix. post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or
spam;
x. impersonate or misrepresent your affiliation with another person or entity;
xi. harvest or otherwise collect information about others, including telephone numbers for unlawful
purposes;
xii. interfere with, or disrupt any of the associated computer or technical delivery systems;
xiii. interfere with, or attempt to interfere with, the access of any User, host, or network, including,
but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the
Website and/or App;
xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any information, software, products, or services obtained
from or through the Website and/or App; and
xv. use the Website and/or App, or any Content on the Website, in any manner not permitted by these
Terms.
4.2 Users agree not to use the Website and/or App in any way or action that may:
i. cause damage to, or impair the performance of the Website and/or App, inclusive of its
availability and accessibility to Users and NookSouq;
ii. be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
iii. use the Website and/or App to copy, store, host, transmit, send, use, publish, or distribute any
material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm,
keystroke logger, rootkit, or other malicious computer software.
5. PROHIBITED ITEMS
You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print
or digital media of items that are not permitted to be sold, purchased, and listed for sale on the Website
and/or App, through the Website and/or App, as per the relevant Applicable Laws. These prohibited
items may include, but are not limited to:
i. Alcohol, drugs, tobacco, narcotics, controlled substances in any form, and any related products
thereof;
ii. Adult and mature content including any related products thereof;
iii. Gambling tools, machinery, and other items that facilitate gambling;
iv. Animals;
v. Illegal wildlife products;
vi. Nylon fishing nets;
vii. Live animals, insects, pets, marine life, and any other mammals and species;
viii. Counterfeit and replica items, unauthorised recordings, pirated copies, or any other unauthorised
items;
ix. Used, reconditioned, and inlaid tyres;
x. Radioactive and nuclear material and any devices or containment units for the storage or
transportation of these materials;
xi. Items that contradict Islamic faith and public morals as is expected in the UAE;
xii. Paan and betel leaves;
xiii. Dangerous items;
xiv. Recalled items;
xv. Food items;
xvi. Gift cards;
xvii. Illegal items or items encouraging illegal activity;
xviii. Intangible items and advertisements for the provision of services;
xix. Medicines and/or pharmaceutical items;
xx. Offensive materials; and
xxi. Any other goods or items, the importation of which is prohibited under the Common Customs
Law or any other law or regulation applicable in the UAE;
6. CONTENT
6.1 Ownership of NookSouq’s Content and Intellectual Property Rights
i. Subject to the express provisions of these Terms, we own, control, license, or reserve all
Intellectual Property rights and Content used on the Website and/or App. You agree not to use,
remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service
mark, or other proprietary rights notices incorporated in or accompanying the Website and/or
App or Content. You must not use any part of the Content on our Website and/or App for
commercial purposes without first obtaining a license to do so from us or our licensors;
ii. Any/all Content posted on the Website and/or App and/or submitted by the Users to NookSouq
has been licensed to NookSouq for any/all purposes that NookSouq may deem necessary in order
to run the Website and/or App. We authorise you to view or download a single copy of the
material on the Website and/or App solely for your personal, non-commercial use, if you include
the copyright notice located at the end of the material, for example: “©2021, NookSouq All rights
reserved” and other copyright and proprietary rights notices that are contained in the Content;
iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and
may violate Intellectual Property, and other Applicable Law(s). Content and features are subject
to change or termination without notice in the editorial discretion of NookSouq. All rights not
expressly granted herein are reserved to NookSouq and its licensors.
6.2 Your License to NookSouq’s Content
i. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use
the Website and/or App only as expressly permitted in these Terms. You shall not use the Website
and/or App for any illegal purpose or in any matter inconsistent with these Terms. You may use
information made available through the Website and/or App solely for your personal, noncommercial
use. You agree not to use, copy, display, distribute, modify, broadcast, translate,
reproduce, reformat, incorporate into advertisements and other works, sell, promote, create
derivative works, or in any way exploit or allow others to exploit any of our Content in whole or
in part, except as expressly authorised by us. Except as otherwise expressly granted to you in
writing, we do not grant you any other express or implied right or license to our Content or
Intellectual Property rights;
ii. If you violate any of these Terms, your permission to use the materials automatically terminates
and you must immediately destroy any copies you have made of any part of the materials. You
may also be potentially liable for Intellectual Property rights infringement based on the
circumstances.
6.3 NookSouq’s License to User Content
i. Upon submission of Your Content, you hereby grant NookSouq a perpetual, non-exclusive,
irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your
Content and all Intellectual Property rights therein for any purpose or Use that we deem
necessary;
ii. For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute,
modify, translate, reformat, incorporate into advertisements and other works, analyze, promote,
commercialise, and create derivative works of;
iii. You grant us the right to use the name or username that you submit in connection with Your
Content. You irrevocably waive any claims and assertions of moral rights or attribution with
respect to Your Content brought against us or our Users;
iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not
violate these Terms and will not cause injury to any person or entity, and that you will indemnify
NookSouq from any/all claims resulting from Your Content;
v. We reserve the right, at any time and without prior notice, to remove, block, or disable access to
whole or any part of Your Content or Your Account that we, for any reason consider to be
objectionable, in violation of the Terms or otherwise harmful to the Website and/or App or our
Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not
obligated to return any of Your Content to you under any circumstances and assume no liability
for any Content posted by You.
7. PAYMENT TERMS
7.1 Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the Listings
purchased (“Total Amount”).
7.2 The price of the Listing(s) shall exclude VAT (unless otherwise stated). NookSouq reserves the right to
change the prices at any time, without prior notice and at our sole discretion. Additionally, all prices
could be subject to additional charges for VAT in the future, once deemed applicable.
7.3 NookSouq has partnered with Telr, a third-party payment facilitator. As such, you shall ensure that
any/all information you provide when creating your Account is accurate and recent, including your
payment details; thereby, you are authorizing us to share this information with the respective third-party
payment facilitator. We may, at any time, add or remove our third-party payment facilitator without
notice, which may be subject to additional terms and conditions.
7.4 Your continued use of our Website and/or App and input of any information during checkout would be
considered as Your authorization for us to share any/all information registered by You with our
respective third-party payment facilitator.
7.5 NookSouq will not be held liable whatsoever for the safety and security of your payment information
once you have been redirected to the respective third-party payment facilitators’ webpage in order to
complete your purchase. Your use of our respective third-party payment facilitator is subject to the
compliance of their policies and terms and conditions.
7.6 NookSouq will not be held liable for any issues arising out of the payment process using the respective
third-party payment facilitator once you have been redirected to their page in order to complete the
payment.
7.7 Payments shall be made using Visa and Master Card, and in Arab Emirates Dirhams (AED).
7.8 If the payment for the Items has been settled in full via Telr, Buyers shall receive payment confirmation
via e-mail twenty-four (24) hours after they have purchased the Items.
7.9 Should Buyers wish to cancel their Order(s), refunds shall be made using the original mode of payment
and will be processed within forty-five (45) days, or may be credited into the User’s Account for future
purchases. Kindly ensure that you retain a copy of your Order purchases and transaction records.
7.10 Cardholders must retain a copy of Transaction records and Merchant policies and rules.
7.11 For any issues with regards to the Orders and/or payment process, please contact our customer service,
at contactus@nooksouq.com, for us to assist you better.
Cancellations
7.12 Should the Buyer wish to cancel any Orders already made, the Buyer shall be provided with a twentyfour
(24) hour window to cancel any such Orders from the time that the Orders were placed;
7.13 The Buyer shall not be able to cancel any Orders should they fail to adhere to the twenty-four (24) hour
cancellation window above, and if the Orders had already been dispatched and are out for delivery.
Returns and Refunds
7.14 In the event the Buyer wishes to return an Item, they may do so only if the Item does not correspond
with the Seller’s description of the relevant Item. Please note that the Buyer may only file a claim for
the same twenty-four (24) hours after having received the relevant Item(s). The Buyer may file a
complaint by emailing us at contactus@nooksouq.com, and we shall respond to the same within twentyfour
(24) hours of having received the complaint.
7.15 The following Item categories cannot be returned under any circumstances due to health, safety, and
hygiene reasons:
i. all lingerie Item(s);
ii. all swimwear and beachwear Item(s); and
iii. any other Item(s) that may be deemed unsanitary to return.
7.16 In the event any returns are made pursuant to Clause 7.12 of these Terms, then the following conditions
shall apply:
i. For incorrect Item(s), please contact us so that we provide you with the requisite details required
to return the Item(s) and retrieve any refund(s) and/or replacement(s) that may be applicable. We
reserve the right to determine whether or not to process the refund;
ii. Should we choose to process a refund, NookSouq shall arrange the service for delivering the
Item(s) back to the Seller’s address.
iii. Please note that NookSouq shall not be held liable for any additional fees and charges. As such,
any/all shipping fees incurred for returning the wrong and/or defective Item(s) back to the Seller
shall solely incurred by the Seller.
iv. Kindly note that NookSouq shall bear no liability whatsoever for any damages to the Item(s) once
they have been delivered by the third-party delivery aggregator.
7.17 For any other situation, please contact our customer service, found under our ‘Contact Us’ section of
our Website and/or App, who will be able to assist you based on your specific inquiry and/or complaint.
8. DELIVERY AND SHIPMENT OF ORDERS
8.1 NookSouq shall not be held liable for the inappropriate or incorrect use of any Item(s) listed by the
Seller, any injuries, and/or damages sustained from any use other than the intended use as per the Item
Description.
8.2 Selling or purchasing an Item in any other way than intended shall not be tolerated on our Website
and/or App and may result in Account review and action, including temporary or indefinite suspension
and/or termination.
8.3 The price of the Items shall be determined by the Seller for those respective Items listed on their Account
and further specified in the respective Item Description. Please ensure that the prices are accurate for
the Item(s) you wish to sell, and that all of the terms of sale are truthful, accurate, and complete.
8.4 Sellers shall ensure that any/all Orders are properly packaged and sealed, or else no compensation shall
be provided to the Seller in the case of damaged and/or improper packaging.
8.5 NookSouq has partnered with a third-party delivery aggregator (Continental Courier LLC) to deliver
only in the United Arab Emirates the Items to the Buyers within seven (7) working days. As such,
Sellers must ensure that they prepare the Order(s) within three (3) working days after the Buyer has
placed the Order on the Website and/or App. We may add or remove delivery aggregators at any time
and at our sole discretion.
8.6 The third-party delivery aggregator shall endeavor, to the best of their abilities, to ensure that all
deliveries reach the Buyer in a safe and timely manner. NookSouq shall not be held liable and/or
responsible for any delays and/or any other issues that may arise.
8.7 The Buyer shall be solely responsible for providing correct and accurate information with respect to
their personal details, including, but not limited to, the designated address and contact details, and
ensure that the Buyer is available at the scheduled time of delivery (if applicable). NookSouq shall bear
no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed
deliveries, issues with the third-party delivery aggregators, etc.) due to incorrect or inaccurate User
information, and/or due to the Buyer’s non-responsiveness and inability to receive the Order upon the
scheduled time of delivery.
8.8 UAE delivery fees will be at a flat rate of AED 12.00 Plus Vat.
8.9 Please note that the delivery aggregator shall not deliver to any non-serviceable areas. For any remote
areas, there shall be an additional minimum charge which shall be determined by the delivery
aggregator. Such areas can be found here.
8.10 NookSouq shall not be responsible for any charges whatsoever with reference to deliveries or charges
not paid by the Buyer for Items purchased on the Website and/or App.
9. USER RATING, REVIEWS, AND FEEDBACK
9.1 Buyers are able to rate, review, and provide feedback for the Items listed by the Sellers on our Website
and/or App, under each specific Listing, through a star rating system
9.2 User reviews, ratings, or feedback do not reflect the opinion of NookSouq. NookSouq receives multiple
reviews by Buyers, which reflect the opinions of each individual Buyer. It is pertinent to state that each
and every review posted on our Website and/or App is the personal opinion of that Buyer only.
9.3 Buyers agree that they shall use reasonable and good faith efforts to ensure that neither engages in any
vilification of the Seller, and shall refrain from making any false, negative, critical, or disparaging
statements, implied or expressed, concerning the Seller, NookSouq, and the Items listed on the Website
and/or App. This, however, shall not apply towards any truthful statement made as required by any
Applicable Law(s) or by a court or authority of competent jurisdiction.
9.4 Users agree and accept that by providing your Content to or through the Website and/or App, or
otherwise including any of your Content that is transmitted to your Account by virtue of your rating,
reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a
non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
i. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works
from, and publicly display and perform such Content of yours throughout the world in any media,
now known or hereafter devised;
ii. make your Content available to the rest of the world and to let others do the same;
iii. to provide, promote, and improve the Website and/or App and/or Items and to make your Content
shared on the Website and/or App available to other companies, organizations, or individuals for
the syndication, broadcast, distribution, promotion, or publication of such Content of yours on
other media and services, subject to our Privacy Policy and these Terms; and
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iv. use the name and/or trademark that you submit in connection with such Content of yours. You
acknowledge that we may choose to provide attribution of Your Content at our discretion. You
acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm,
represent, and warrant that you own or have the necessary licenses, rights (including copyright
and other proprietary rights), consents, and permissions to publish and otherwise use Your
Content as authorised in these Terms.
9.5 The Terms of this Clause 9 do not grant other Users a license to host, use, reproduce, modify, run, adapt,
translate, distribute, publish, create derivative works from, and publicly display and perform such
Content of yours throughout the world in any media, now known or hereafter devised.
10. COMMUNICATION GUIDELINES
10.1 Pursuant to Clause 9 above, our Website and/or App enables Buyers to rate, review, and provide
feedback regarding the Items listed on our Website and/or App. Buyers should ensure appropriate online
conduct and behaviour in which NookSouq reserves the right to review and/or delete at their sole
discretion.
10.2 The Website and/or App are only to be used for its intended purpose. You may not use the Content
provided through the Website and/or App in any manner or for any purpose other than that which is
expected.
10.3 Any/all ratings, reviews, and feedback should be conducted in a professional and respectful manner.
Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual,
or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not
be tolerated on our Website and/or App and may result in Account review and action, including
temporary or indefinite suspension and/or termination.
10.4 You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal,
immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that
may lead to other Users’ harm in any manner.
10.5 You may not post or submit information or comments on the Website and/or App and on third-party
social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging
in nature, or any other material that is prohibited by law, about NookSouq and its Website and/or App.
10.6 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of
NookSouq. NookSouq shall not bear any liability for mitigating such disputes between the parties as
this will be the sole responsibility of the parties involved.
10.7 Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 10 may
be penalised by implementing any one or more of the following:
i. Removal/deactivation of their Account from our Website and/or App; and/or
ii. Disqualifying their use of our Website and/or App indefinitely unless a written approval has been
obtained by us allowing them to recreate their Account.
10.8 NookSouq shall not be held liable for any loss or damage experienced by any person as a result of
implementing the penalties above.
10.9 NookSouq shall not be liable for any direct, indirect, or consequential loss or damage (whether for loss
of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs,
expenses, or other claims for consequential compensation whatsoever (and howsoever) caused,
including slander or personal offence which arise out of use or in connection with the Website and/or
App’s communication.
11. WARRANTIES AND DISCLAIMERS
11.1 You agree and acknowledge that the Website and/ or App are provided on an “as is” basis. Except as
otherwise specifically set forth herein, NookSouq does not make, and hereby disclaims any and all
warranties, express or implied, including, but not limited to, implied warranties of merchantability,
quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or noninfringement,
and any warranties arising out of course of dealing or usage of trade and services.
11.2 We make no warranty that the Website and/or App or the Content will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy,
timeliness, completeness, or reliability of any Content obtained through the Website and/or App. No
information provided through the Website and/or App or by us, whether in oral or written form, will
create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you
through the Website and/or App is solely at your own risk.
11.3 NookSouq does not endorse any Content posted, submitted, or otherwise provided by any User, or any
opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in
connection to such Content. You agree that we are not responsible for the accuracy, consistency, or
completeness of information uploaded and displayed on our Website and/or App.
11.4 NookSouq takes no responsibility and assumes no liability for any Content posted, stored, transmitted,
or uploaded to the Website and/or App by you (in the case of Your Content), or any third party (in the
case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you
may encounter.
11.5 Users acknowledge that NookSouq may store, record, or document any information exchanged between
Users and NookSouq, and that NookSouq uses the most up-to date applications and security systems to
ensure that all data entered online, through the Website and/or App, is encrypted.
11.6 Users must ensure the accuracy and authenticity of any and all information they supply to us through
the Website and/or App including, but not limited to, personal data, as well as information supplied by
the User on behalf of any third-party the User wishes to refer to NookSouq.
11.7 Users acknowledge that NookSouq will process personal data including, but not limited to, names and
e-mail addresses in order to provide continued access to the Website and/or App, make improvements
to the Website and/or App, and prevent unauthorised use of the Website and/or App.
11.8 Users agree that NookSouq is not responsible now or at any time in the future for any unauthorised
access including, but not limited to, any virus or other harmful code that may infect the User’s computer,
tablet, smartphone, or any other such device as a result of using the Website and/or App.
11.9 Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware
required to access and use the Website and/or App and the User shall take responsibility for the
protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls,
and any other suitable measures the User deems necessary to ensure the security of the Website and/or
App is not compromised.
11.10 Users accept that NookSouq shall not be held liable in the event the Website and/or App transmits
information that has been accessed, altered, and/or corrupted.
11.11 Users accept that NookSouq may be required to suspend access to the Website and/or App for periodic
maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any
prior notice.
11.12 All interactions between Users and NookSouq must be carried out in a responsible, ethical, professional,
and legal manner.
11.13 We may do any or all of the following without notice:
i. investigate your use of the Website and/or App as we deem appropriate to comply with any
Applicable Law(s), regulation(s), government request(s), or legal process(es);
ii. terminate your access to the Website and/or App, and suspend your Account temporarily or
indefinitely, upon our determining on whether you have violated these Terms; and
iii. edit the Website and/or App and any Content without giving you prior notice.
11.14 While using the Website and/or App, you make the following representations and warranties to
NookSouq:
i. you are eighteen (18) years of age or older and are legally allowed to use the Website and/or App;
and
ii. you acknowledge and understand that you are solely responsible for any information you may
choose to disclose to NookSouq.
11.15 The Items advertised on the Website and/or App shall be made available to Users of the minimum age
of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage
persons under the age of 18 (“Minor”) to use the Website and/or App. If a Minor would like to access
the Website, they should take the assistance of a parent/guardian/adult authorised with that Minor’s
supervision. We do not personally collect identifiable information from any person we know is a Minor.
11.16 In the event, a Minor has (i) created an Account; (ii) used an Account belonging to the
parent/guardian/adult; and/or (iii) used the Website for any purposes, the Account holder and/or User
warrants and represents that such actions are performed under the guidance of an adult after obtaining
the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the
same Terms and agrees that NookSouq is not liable or responsible for the User’s failure to act in
accordance with this Clause 11.16.
11.17 When a User visits the Website or sends us e-mails, they are communicating with us electronically, and
they hereby consent to receiving communications from us electronically. We will communicate with
Users primarily by e-mail but may use other methods such as telephone or messages on the Website to
communicate if we deem necessary. Users agree that all agreements, notices, disclosures, and other
communications that we provide to Users electronically satisfy any legal requirement that such
communications be in writing. Users agree to provide us with their current and active e-mail address.
11.18 We may share Users’ personal information with NookSouq’s partners and third parties licensed to
access User personal information. This will include any third-party aggregators partnered with the
Website and/or App, including, but not limited to, delivery aggregators, third-party payment facilitators,
and any other platform and/or entity that we are engaged with in enhancing our business from time to
time.
11.19 Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives
access to your passwords or Accounts. You grant us and all other persons or entities involved in the
operation of the Website and/or App the right to transmit, monitor, retrieve, store, and use your
information in connection to the operation of the Website and/or App. We do not assume any
responsibility or liability for any information you submit, or third parties’ use or misuse of information
transmitted or received using Website tools and services.
11.20 We hereby exclude any and all other representations and warranties relating to the subject matter of
these Terms, the Website and/or App, and use of the Website and/or App in any manner other than
expressly stated herein.
12. PRIVACY POLICY
12.1 In order to provide the Items, we need information about you, and we only use your information when
we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what
information we collect, how we use it, and what choices you have when you use our Website and/or
App.
12.2 We adopt standard data collection, storage, processing practices, and security measures in accordance
with UAE ICT and TRA laws, in order to protect against unauthorised access, alteration, disclosure, or
destruction of Users’ data stored on our Website and/or App.
12.3 You agree and acknowledge that we reserve the right to change these general practices at any time and
at our sole discretion.
13. LIMITATION OF LIABILITY
13.1 You understand and agree that in no event shall the officers, directors, employees, agents, or licensors
of NookSouq be held liable for any indirect, incidental, special, exemplary, or consequential damages
arising out of or in connection to the Content or any Item, including, but not limited to, any damages
resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of
such damages, or for any damages for personal or bodily injury or emotional distress arising out of or
in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised
access to or alteration of Your Content; (3) statements or conduct of any User; (4) Item fault; (5)
inaccurate information provided on the Website and/or App; (6) use or inability to use the Item; or (7)
any other matter related to the Website and/or App and its Content, whether based on warranty,
intellectual property, contract, tort (including negligence), product liability or otherwise.
13.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material
that may infect your computer and mobile equipment, programs, data, or other proprietary material due
to your use of our Website and/or App or to your downloading of any material posted on it.
13.3 We will not be held liable for any Content uploaded onto or downloaded from the Website and/or App.
Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users.
NookSouq shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise,
whether uploaded to, or downloaded from the Website and/or App with or without the consent of the
Users.
13.4 We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to
NookSouq by Users, or to Users through the Website and/or App. You hereby acknowledge and agree
that your acceptance of information provided to NookSouq is of your own choice and we shall not be
held liable for any loss or damage resulting from your reliance on any information, conversations, or
Content thereof made available to you.
Commented [A.K3]: Insert link to privacy policy for ease of
use.
13.5 Users agree that they will not bring any claim against NookSouq or any of our officers, directors,
employees, agents, and licensors in respect of any losses they suffer in connection to the Website and/or
App or these Terms.
14. INDEMNITY
Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors,
employees, agents, and licensors, harmless from and against any and all claims, actions, demands,
liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these
Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from,
or alleged to result from, your access to, or use of the Website and/or App and the Content, or your
violation of these Terms.
15. VIOLATIONS
15.1 If NookSouq becomes aware of any possible violations by you of these Terms, then we reserve the right
to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe
that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal
authorities.
15.2 NookSouq is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any
information or materials on the Website and/or App, including Your Content, to:
i. comply with Applicable Law(s), legal process(es), or governmental request(s);
ii. enforce the Terms;
iii. respond to any claims that Your Content violates the rights of third parties;
iv. respond to your requests for customer service, provided no confidential information is being
divulged (customer service will only have access to details that will aid them in responding to
queries regarding your Listing(s), Order(s), Account, or access to the Website and/or App); or
v. protect the rights, property, or personal safety of NookSouq, its Users, or the public, and all
enforcement or other government officials, as NookSouq in its sole discretion deems to be
necessary or appropriate;
15.3 In the event, the User has violated these Terms, NookSouq can temporarily suspend the User’s Account
or indefinitely terminate the Account at our sole discretion.
16. SEVERABILITY
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms
are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from
the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable
Law(s).
17. WAIVER
17.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we
fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not
constitute a waiver of such rights or remedies and will not relieve Users from compliance with such
obligations.
17.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
18. THIRD-PARTY RIGHTS
These Terms are between the Users and us. No other third-party shall have any right to enforce any of
its terms, unless expressly stated in these Terms, or as authorised in writing by NookSouq.
19. FORCE MAJEURE
19.1 NookSouq shall not be responsible for any failure to perform, or delay in performance of, any of our
obligations under these Terms that is caused by events outside our reasonable control including, but not
limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates
to the Website and/or App (including, but not limited to, maintenance, repairs, bugs, fixtures, and any
other technical issues on the Website and/or App), or otherwise, fire, flood, severe weather, explosion,
war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving NookSouq’s
employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of
local or central government or other competent authorities.
19.2 NookSouq reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a
force majeure. Any refunds are subject to the sole discretion of NookSouq.
20. GOVERNING LAW AND JURISDICTION
20.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai
International Financial Centre (“DIFC”) and the respective Applicable Laws, including, but not limited
to, the electronic transaction and e-commerce Laws of the UAE.
20.2 The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or
claim that arises out of or in connection to these Terms or its subject matter or formation (including
non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of
Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the
laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring
the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the
DIFC Court judgment.
21. CONTACT INFORMATION
For further inquiries or comments about NookSouq’s Website and/or App or these Terms and
Conditions, please contact us through email at: hello@nooksouq.com
