Nooksouq Terms and Conditions (Powered by R3 LLC)

INTRODUCTION

1.      Welcome to R3 LLC (hereinafter referred to as “R3”), 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. R3 LLC maintains the https:/www.Nooksouq.com website (“Site”). In these Terms, “we”, “us”, “our”, or “R3” refers to R3 LLC, a company registered with the Sharjah Media City, holding business license number 2541376.01, 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

1. 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 R3 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;

3. USE OF THE WEBSITE AND/OR APP

1. 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.
2. 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. 3.3  User is responsible of maintaining confidentiality of his/her account.
4. 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.
5. 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.
6. 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).
7. 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.
8. 3.8  The Website will include external links to Nooksouq’s Facebook, TikTok, and Instagram pages
9. 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, third- party 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.
10. 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

12. 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)”).
13. 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).
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 use the Website and/or App, or any Content on the Website, in any manner not permitted by these Terms.

19.     

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.

     xi.         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;

      ii.         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.

2. 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, non- commercial 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.

2. 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

      ii.         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 twenty- four (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. 

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 twenty- four (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.

14. 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.

14. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 8.5  Nooksouq has partnered with a third-party delivery aggregator (Jeebly 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.
6. 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.
7. 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. 8.8  UAE delivery fees will be at a flat rate of AED 17.00 Plus Vat.
9. 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. 
10. 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.

10. COMMUNICATION GUIDELINES

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

8. 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.
9. 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. W ARRANTIES AND DISCLAIMERS

1. 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 non- infringement, and any warranties arising out of course of dealing or usage of trade and services.
2. 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.

3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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. 11.11  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.
12. 11.12  All interactions between Users and Nooksouq must be carried out in a responsible, ethical, professional, and legal manner.
13. 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.

14. 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.

15. 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.
16. 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

17. 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.
18. 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.
19. 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.
20. 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 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.

2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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.

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

1. 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.

1. 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;

2. 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

1. 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

1. 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.
2. 17.2  Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

18. THIRD-PARTY RIGHTS

1. 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  United Arab Emirates is our country of domicile. 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 on: hello@Nooksouq.com