TERMS & CONDITIONS

Terms & Conditions

 

Welcome to Nufsh.com.

 

Nufsh Fashion LLC maintains the website  https://www.nufsh.com/.

 

Nufsh.com is brought to you by NUFSH.COM LTD (referred to in these Terms as "we," "us," "our," and "Nufsh.com"). We are a company incorporated in Dubai, UAE., with Trade license number 07132083 and with a registered office at

Warehouse #9, Al Quoz Industrial Area 4, Dubai – 241862. These Terms & Conditions ("Terms") together with our Privacy Policy, Cookie Policy and Copyright & Trademarks Policy (collectively, the "Terms") govern your access to and use of Nufsh.com's websites, mobile applications and other platforms Nufsh.com owns or controls and makes available to you (the "Services"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Nufsh.com in connection therewith (collectively referred to as "Content"). Your access to and use of the Services conditions on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

 

Basic Terms

 

You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of "Saved Items") will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content, and you will be logged out. 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.

 

The Services that Nufsh.com provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. Besides, Nufsh.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally and may not be able to provide you with prior notice. Nufsh.com retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.

 

The Services may include advertisements, which may target the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Nufsh.com on the Services are subject to change. In consideration for Nufsh.com granting you access to and use of the Services, you agree that Nufsh.com and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

 

Account Registration

 

To register, you are required to provide your username, email address, and password. You are also able to add a profile picture and bio and add user preferences.

 

All personal details disclosed by you on the Services will be collected and processed under our Privacy Policy and Cookie Policy. You warrant that all the information you provide to us is accurate and complete.

 

You agree to register with Nufsh.com and access and use your account solely for personal use. You may not authorize others to use your account.

 

You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidentiality.

 

You shall promptly notify Nufsh.com of any actual or suspected unauthorized third-party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party.

 

Facebook Connect

 

You can also register using Facebook Connect, which allows you to register with Nufsh.com via your Facebook account. If you decide to do this, you permit us to access necessary information from your Facebook account. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy.

 

We have no control over individual account privacy settings on such services or policies on how your personal information will be used. You and Facebook are in control of these matters, not us. Before using these features, you are encouraged to read all policies and information on Facebook to learn more about how they handle your information. Nufsh.com is not responsible for any acts or omissions by Facebook and any connected social media service providers' use of features that come from Facebook's platform.

 

Finding and buying out of stock items

 

If an item is out of stock, you may ask us to locate the thing on your behalf via the form provided on the relevant product page. We will let you know by email if we can locate the item for you. We will then send you a tailored checkout page where you will be able to place the order for the item(s) with the retailer, via Nufsh.com. For orders placed via the tailored checkout page, the terms and conditions below relating to Buying on Nufsh.com via the Integrated Checkout will apply, as well as the relevant retailer's terms and conditions. It is your responsibility to ensure that you review the relevant retailer's terms and conditions before placing the order.

 

Buying Products Through Nufsh.com

 

Nufsh.com is an online intermediary which partner with some of the world's best-known brands to give you a wide array of fashion items to buy.

 

Ways to buy products through Nufsh.com:

 

 

Buying on Nufsh.com via the Integrated Checkout

 

We operate an Integrated Checkout service, allowing you to add multiple items from various Nufsh.com Partners to your shopping basket and check out all these items on Nufsh.com and through the Services. It is a neat and efficient way of buying all your fashion items in one go. To process these payments, we will need to share your data, shipping details and, in some cases, payment details that are related to such transactions with each of the Nufsh.com Partners from whom you are purchasing the products, but only using our secure systems.

 

Payments made on Nufsh.com via our Integrated Checkout service will be processed either by:

 

  by Third Party, a third-party payment process provider.

 

 

When using Third Party checkout on our Integrated Checkout service, you will need to provide your payment information and billing details to Third Party and they will process the payment. Your credit card details will not be passed on to the Nufsh.com Partners from whom you are purchasing the products, but your billing information will be shared to complete the transaction. To place an order on via our Integrated Checkout using Third Party Checkout, you will need to accept Third Party’s terms and conditions. Please make sure that you carefully review the Third Party’s full terms and conditions before completing a transaction. More information about Third Party can be viewed below in the Payments section, and Third Party's full terms and conditions are available here.

 

 

Please note that Nufsh.com has no responsibility for the fulfillment of your order, regardless of how you purchase your items through Nufsh.com. You should contact the Nufsh.com Partner from whom you have bought the item directly in respect of any queries regarding delivery, refund, exchange or return of the items you purchase.

 

Payments

 

 

Payments on Nufsh.com

 

(a) via our Integrated Checkout service

 

If you are making a payment on Nufsh.com via our Integrated Checkout service, then we accept a variety of payment options, including credit and debit cards. When you make your first payment through this service, you must enter your shipping address and billing/payment details to purchase the item.

 

If you are a Nufsh.com member, your shipping and billing details will be stored under our Cookie Policy, and the Services will remember these details the next time you go to purchase an item via our Integrated Checkout service.

 

(b) Payments processed by Third Party

 

For payments made on Nufsh.com via Third Party checkout on our Integrated Checkout service, Third Party accepts a variety of payment options, a full list of which is here.

 

When you pay for products via Third Party checkout, you will be purchasing a purchasing service (like a “token”) for the contents of your basket from Third Party. Third Party will carry out a variety of fraud and credit checks before taking a pre-authorization on your card. Third Party will then issue pre-paid virtual credit card(s) for the amount of the transaction (one virtual credit card per Nufsh.com Partner) and Nufsh.com will pass the details of the virtual credit card(s) plus all relevant customer personal information (to include billing and shipping information but not your payment details), to the relevant Nufsh.com Partner(s) (for details of how this information is kept secure, please see the Payment Security section of our site).

 

Your credit/debit card receipt will show the name “Third Party/Nufsh.com” as you are buying a purchasing service from Third Party. Cardholder must retain a copy of transaction records and Merchant policies and rules.

 

Make sure that you carefully review Third Party’s full terms and conditions before completing a transaction on our Integrated Checkout service. The same is available here.

 

 

 

 

(c)Storage of your information

 

If the first time you use our Integrated Checkout service is via Third Party checkout, Nufsh.com will not collect or store your payment card details. Payment card information will be provided directly to the Third Party at checkout and will be subject to the Third Party's terms and conditions.

 

Nufsh.com members may be offered the option for Nufsh.com to store their payment card details. You may change or delete any existing payment card details attached to your account by going to the "Purchase Settings" section of your account "Settings".

 

Third Party may require you, or give you the option, to store your billing and payment information at the checkout stage. Any storage of payment details by Third Party will be governed by the Third Party’s terms and conditions which can be viewed here.

 

 

(d) Payment methods

 

Visa Mastercard and AED will be accepted for payment.

 

(e) Payment methods Not Accepted

 

There are specific payment methods that you cannot use on the Services. Nufsh.com/Third Party may not accept:

 

Cheques or postal orders

Cash in any currency

Purchase orders

International wire transfers

Direct debits or standing orders

PayPal

Bank transfers

 

If you are paying for items on our Integrated Checkout using Third Party checkout, Third Party accepts a variety of payment methods, a full list of which is here.

 

(f) General information about online payments

 

However, you pay for an item; you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.

 

We take reasonable care to make our site secure. All billing and customer information transmitted by Nufsh.com will be fully encrypted and only used to process card transactions which you have initiated.

 

 

 

 

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.

 

 

 

 

 

 

 

Accessing the Services

 

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.

 

From time to time, we may restrict access to some or all parts of our Services. We will not trade with or provide any services to OFAC and sanctioned Countries.

 

You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms and that they comply with them.

 

Content on The Services

 

All Content you post on the Services (such as product reviews) is the sole responsibility of the person who originated such Content.

 

Although Nufsh.com does not routinely screen or monitor content posted by users of the Services, Nufsh.com reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Nufsh.com becomes aware, but Nufsh.com is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

 

If a third party notifies us that the Content you submit, or post violates these Terms or any applicable law, either in a letter or spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.

 

Nufsh.com does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Nufsh.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period for backup, archival, or audit purposes. Furthermore, other users of the Services and we may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.

 

We allow you to follow other Nufsh.com users and items they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.

 

Your Rights

 

You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Nufsh.com a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).

 

You agree that this license includes the right for Nufsh.com to make such Content available to other companies, organizations or individuals who partner with Nufsh.com for the syndication, broadcast, distribution or publication of such Content on other media and services.

 

You agree that no compensation will be payable to you in respect of any of the foregoing uses by Nufsh.com, or other companies, organizations or individuals who partner with Nufsh.com concerning the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

 

Nufsh.com may modify or adapt your Content to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

 

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. Nufsh.com will not be responsible or liable for any use of your Content by Nufsh.com under these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

 

 

 

Nufsh.com gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by Nufsh.com, in the manner permitted by these Terms.

 

The rights in the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.

 

Nufsh.com Rights

 

All rights (including copyright, trademarks, and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Nufsh.com and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.

 

NUFSH.COM is a registered trademark of NUFSH.COM LLC.  Both the trademark and the Nufsh.com logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Nufsh.com name or any of the Nufsh.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nufsh.com or the Services is entirely voluntary, and Nufsh.com will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

 

You may print off one copy and may download extracts, of any page(s) from our Services for your reference, and you may draw the attention of others within your organization to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

 

You must not copy any part of the Content, intending to create or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.

 

If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Restrictions On Content And Use Of The Services

You shall not use the Services:

 

in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;

for any purpose that is not permitted by these Terms;

in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;

to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or any message;

in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;

in any way that promotes or incites, whether deliberately or unintentionally, racism, bigotry, hatred or physical harm of any kind;

in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;

to post photographs or images of another person without his/her permission (and if a minor, the consent of the minor's legal guardian);

to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any criminal or illegal activity or which may cause any harm, distress or inconvenience to any person;

to access, tamper with, cause damage to, or use non-public areas of the Services, Nufsh.com's computer systems, servers or equipment or the technical delivery systems of Nufsh.com's providers;

to access or attempt to obtain any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;

to introduce any malware, virus or other harmful software programs that deliberately or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;

interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;

to copy, modify, or distribute any other users' Content without their consent;

for commercial purposes other than as expressly permitted in these Terms;

to bypass measures used to prevent or restrict access to the Services;

to solicit or provide unlawful services;

to harvest or otherwise collect information about others without their consent;

to gain unauthorized access to the Services, the server on which the Services is stored, or any server, computer or database connected to the Services;

to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or

to promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind.

Nufsh.com reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Nufsh.com also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Nufsh.com, its users and the public.

 

Except as permitted through the Services (or these Terms), you have to use the Nufsh.com API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

 

While we will do what we can to protect the security of your Content and account, we cannot guarantee that the unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

 

Promotions

Nufsh.com Promotions’ terms and conditions (“Nufsh.com Promotion Terms”)

From time to time, Nufsh.com may run promotions, including promotional discount codes, which apply to orders made on the Integrated Checkout on our site. These Terms apply to all Nufsh.com promotions. Each Nufsh.com promotion will also have specific terms and conditions. The specific terms and conditions for current Nufsh.com promotions will be displayed in this section and/or in any communication you may receive informing you of the promotion (usually email). If there is a conflict between these Nufsh.com Promotion Terms and the specific promotion terms, the specific promotion terms will prevail.

 

By using a promotional code and/or taking part in a Nufsh.com promotion, you will be deemed to have read and understood the applicable terms and agreed to be bound by them. The Terms displayed on the Nufsh.com sites shall apply to all Nufsh.com promotions.

 

Nufsh.com promotions only apply to purchases made on Nufsh.com’s Integrated Checkout. Nufsh.com promotions are an arrangement between you and Nufsh.com, and not between you and the Retailer Partner. As such, any discount will not be reflected in communications you may receive from the Retailer Partner regarding the order. Nufsh.com promotional codes have no cash value, cannot be transferred, forwarded or reassigned and cannot be redeemed for cash. Nufsh.com promotional codes cannot be used in conjunction with any other offer.

 

 

For promotional codes, you will need to enter the promotional code in the “Nufsh.com Promo Code” box on the cart page and click “apply” to obtain the discount.

 

Nufsh.com reserves the right to suspend, change or cancel any promotion, at any time, at our discretion. Nufsh.com may update these Nufsh.com Promotion Terms from time to time and reserves the right to add to them as and where necessary. You should review these Nufsh.com Promotion Terms periodically for changes.

 

If you return items bought using a promotional offer, any refund you may be entitled to receive will not include the redemption value of that promotional offer. You will receive no more than the amount you paid towards the final basket price.

 

The Services Are Available "as-is"

 

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

 

Nufsh.com makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Nufsh.com will not be responsible or liable for any harm to your computer system, loss of data, or other damage that results from your access to or use of the Services, or any Content. You also agree that Nufsh.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Nufsh.com makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Nufsh.com or through the Services, will create any warranty not expressly made herein.

 

We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk, and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.

 

We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

 

Limitation Of Liability

THIS SECTION OF THE TERMS IS IMPORTANT, AND YOU SHOULD READ IT CAREFULLY.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUFSH.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY:

 

(i) LOSS OF PROFITS, SALES OR CONTRACTS;

(ii) LOSS OF INCOME OR REVENUE;

(iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;

(iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;

(v) LOSS OF ANTICIPATED SAVINGS;

(vi) WASTED MANAGEMENT OR OFFICE TIME; OR

(vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,

ARISING FROM OR IN ANY WAY CONNECTED TO:

 

(i) YOUR ACCESS TO OR USE OF THE SERVICES;

(ii) YOUR DELAY IN USING OR INABILITY TO ACCESS OR USE THE SERVICES;

(iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

(iv) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR

(v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.

 

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you, and you might have additional rights.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

 

 

 

 

 

Your Liability

 

THIS SECTION OF THE TERMS IS IMPORTANT, AND YOU SHOULD READ IT CAREFULLY.

 

You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us accountable for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

 

Termination

 

We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;

 

(i) we have reasonable grounds to suspect the unauthorized or fraudulent use of the Services;

(ii) we reasonably suspect that you have not complied with these Terms; or

(iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;

and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.

 

On termination of these Terms (for whatever reason) all licenses, and rights granted to you with the Services shall immediately come to an end.

 

Waiver and Severability

The failure of Nufsh.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

 

Governing Law And Jurisdiction

 

United Arab Emirates is our country of Domicile and stipulate that the governing law is the local Law.

 

Entire Agreement

 

These Terms are the complete and exclusive agreement between Nufsh.com and you regarding the Services (excluding any services for which you have a separate agreement with Nufsh.com that is explicit besides or in place of these Terms), and these Terms supersede and replace any prior agreements between Nufsh.com and you regarding the Services. Other than members of the group of companies of which Nufsh.com is the parent, no other person or company will be third party beneficiaries to the Terms.

 

You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.

 

If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

 

If a dispute arises between you and us, we strongly encourage you first to contact us directly to seek a resolution at the address given below or via e-mail at legal@Nufsh.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

 

The Services licensed personally to you, and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.

 

We may transfer any of our rights or obligations under these Terms to any third party, but if we do so, we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.

 

Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.

 

Nufsh.com may revise these Terms from time to time, and the most current version will always be available here. If the revision, in Nufsh.com's sole discretion, is material Nufsh.com will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

These Services are operated and provided by Nufsh.com Ltd., Warehouse #9, Al Quoz Industrial Area 4, Dubai – 241862. If you have any questions about these Terms, please contact us.

 

This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.

 

Effective Date: September 2018