Effective Date July 1, 2020.
1. Key Terms
“Agreement” and “Site” shall have the meanings provided above.
“Content” means any text, graphics, images, photos, audio, video, software, location data, layouts, user interfaces, logo designs, sounds, music, artwork, computer code, and all other forms of data or communication without limitation, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, that are made available in or through the Site and/or Services.
“User or Member” means a person/an Entity who accesses or uses Naseej Site and/or Services whether as a Seller or Buyer.
“User-Generated Content” means any Content that a User posts, uploads, publishes, submits or transmits through or in relation to the Site and/or Services, including but not limited to all Personal Information, anything the user post using our Services, such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc. or Content provided in direct response to your questions or postings.
“Naseej Content” means all Content that Naseej makes available through the Site and/or Services, including any Content licensed from a third-party, but excluding User-Generated Content.
“Seller” means person/entity who lists or sells items directly to buyers on Naseej.
“Buyer” means person/entity who interests in purchasing unique goods directly from sellers on Naseej.
You acknowledge and agree that Naseej is only a venue that facilitates the process of selling or buying handmade goods, products, vintage items, and craft supplies and does not itself provide/sell any goods, items or supplies and does not make any representations, warranties, guarantees or endorsements regarding any goods, items or supplies that you may buy from Sellers as a result of using the Site and/or Services.
The Services provided by Naseej enable you to use the Site to search or list/post and sell/buy special handmade goods, vintage items, and craft supplies directly from Buyers around the world, communicate with Seller/Buyer, receive notifications, messages and reminders, post pictures, video or descriptions, rate/review the goods/items/supplies, as well as other features that we may introduce from time to time.
You agree that Naseej has the exclusive discretion to add new or delete existing features, to modify, substitute new services for existing Services, to discontinue, suspend or terminate any existing Site and/or Services, at any time, for any reason or without reason, and without providing any notice to you. Naseej shall not be liable for any deletion, suspension or discontinuation of any of the Site and/or Services, and any new services will be governed by this Agreement.
4. User Accounts
You acknowledge and agree that in order to be able to use the Site and/or Services, you must register an account with Naseej by entering a valid username and a password. You must enter a valid phone number so that Naseej may send you verification codes to verify your account and other important notifications regarding any activity in your account. If at any time you have changed or decide to change your phone number, you agree to be solely responsible for updating your new phone number information with us. You are responsible for any and all account activity conducted by a minor on your account. You further agree to provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Agreement. You agree to be solely responsible for any activity on your account. If you are sharing an account with others, the person whose financial information is on the account will be responsible for all activities under the account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Agreement on behalf of the entity. You agree to keep your account password secure. This Agreement do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Naseej.
5. Changes and Updates
6. Additional Terms
Specific Services may have additional terms and conditions, and/or policies that will further govern your use of that particular Service, and will supplement this Agreement. If you choose to register for, access or use any such Services, you may be introduced to additional terms. You acknowledge that by using such Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
7. Grant of License to Use
In consideration of your acceptance to comply with the Agreement, Naseej hereby grants to you a limited, non-exclusive, non-transferable license to:
- Use the Site and/or Services for buying/selling, modifying, cancelling orders or any other features or Services as defined above;
- Use any free Site update incorporating corrections of errors as may be provided by Naseej from time to time;
- View, download and print any Naseej Content for your personal and non-commercial purposes; and
- View any User-Generated Content for your personal and non-commercial purposes.
Subject to the license granted and your consent to this Agreement, you acknowledge and agree that the license granted does not include and does not permit you to:
- Use, copy, adapt, modify, reproduce, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, any Content, except as expressly permitted in this Agreement by Naseej;
- Attempt to gain unauthorized access to, impair or use any aspect of the Site and/or Services, including User accounts, in any manner that could damage, disable, overburden, hack or impair our servers, networks, related systems or interfere with any other party’s use and enjoyment of the Site and/or Services;
8. License Granted by User
You acknowledge and agree that you are solely responsible for all User-Generated Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all User-Generated Content that you make available through the Site and/or Service or you have all rights, licenses, consents and releases that are necessary to grant Naseej the rights in such User-Generated Content, as contemplated under this Agreement;
- Neither the User-Generated Content nor your posting, uploading, publication, submission or transmittal of the User-Generated Content or Naseej’s use of the User-Generated Content (or any portion thereof) on, through or by means of the Site and/or Services will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9. User Acknowledgements
Naseej reserves the right to exclude Seller/Buyer who have engaged in inappropriate conduct. However, Naseej makes no representations or warranties about the quality, safety or the legality or of the good, item or supplies listed on the Site. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Naseej from any claims related to items sold through our Services, including for defective items, misrepresentations by Seller, or items that caused physical injury. You acknowledge and agree that you are responsible for making your own investigation prior to buying an item by contacting the Seller directly. Naseej make no representations concerning any content posted by Users through the Services.
You acknowledge and agree that Naseej (a) does not endorse any Seller, (b) does not make any representations or warranties with respect to these Sellers or the quality of the items provided by them, and (c) does not receive any additional fees from Seller for featuring them through the Services (subject to Sponsored Results as described herein). We may provide you with more options, by showing sponsored results (“Sponsored Results”) on the Site, that will be displayed above the search results. Naseej receives additional fees from Sellers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Naseej of a particular Seller or item.
While we make reasonable efforts to provide you with accurate Content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to the accuracy, copyright compliance, legality, price or cost information, or decency of Content posted by Users that you accessed through the Services. We shall not be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. If you rely on any Content, you do so solely at your own risk. You release Naseej from all liability relating to that Content. You further understand that Naseej do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users.
You are still responsible for paying Your invoices and paying all fees that you owe to Naseej. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. You must resolve any dispute between you or any Seller arising from any transaction hereunder directly with the Seller. You must resolve any dispute between you or any Buyer arising from any transaction hereunder directly with the Buyer.
Any fees that Naseej may charge you for the Site and/or Services, are due immediately and are non-refundable other than in circumstances in which Naseej considers that a refund is justified and you have notified Naseej within 24 hours of the time of payment. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Site and/or Service either planned, accidental or intentional, for any reason whatsoever. Naseej reserves the right to determine final prevailing pricing of any of the Services offered and the method of payment through the Site.
11. Intellectual Property Rights
12. Third-party Services
We created Naseej to improve your online shopping experience by facilitating listing, searching and online payment Services from the comfort of your home, and we want your experience with Naseej to be exceptional. While we work hard to make that happen, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. To the maximum extent permitted by law, we hereby disclaim all such warranties. We do not guarantee that the results that may be obtained from the use of the Site and/or Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Site and/or Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by Users of the Site and/or Services or any other data or information provided or received through the Site and/or Services. Except as expressly provided herein, Naseej makes no warranties about the information systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information. Naseej does not warrant that the Site and/or Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Site, Services, software are free of computer viruses, contaminants or other harmful items.
14. Limitation of Liability
While we’re always improving, and we hope you have an excellent experience with Naseej, your sole and exclusive remedy for any dispute with us is the cancellation of your account. In no event shall Naseej be liable to you for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Site and/or Services, even if Naseej has been advised of the possibility of such damages. Naseej shall not be liable for any damages, liability or losses arising out of: a) your use of or reliance on the Site and/or Services or your inability to access or use the Site and/or Services; or b) any transaction or relationship between you and Seller/Buyer or any third-party, even if Naseej has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited in accordance herein to the maximum extent permitted by law.
Furthermore, Naseej shall not be liable for delay or failure in performance resulting from causes beyond Naseej’s reasonable control. In no event shall Naseej’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the fees of the Services. Naseej’s Services may be used by you to search, list, buy, sell, cancelation of orders, or any other part of the Services as defined above, but you agree that we shall not be liable for cancelled or otherwise unfulfilled orders, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site and/or Services whatsoever. You further agree that Naseej has no responsibility or liability to you related to items that you may receive from Seller.
16. Release of Liability
17. Communications with Naseej
Naseej may, from time to time, send you relevant information about the Site and/or Services or other offerings which may be of interest to you and to them. You consent to receive such communications as part of using the Services. You may “opt-out” of these communications at any time by sending an email to [email protected]. However, please note that Naseej will still send communications that are needed to provide Services to you, such as a response to a password or customer support request and that you cannot opt out of these communications.
18. Naseej’s Dispute Resolution System
In case of a dispute with another User, we encourage the Buyer or the Seller to contact the other party and try to resolve the dispute amicably. In case Buyers and Sellers are unable to resolve a dispute related to a transaction on our Site. The either may participate in our dispute resolution system by emailing [email protected]. While, Naseej has no obligation to resolve any disputes, in our sole discretion we may attempt to help Users resolve their disputes based on our interpretation of our policies. By using Naseej’s dispute resolution system, you acknowledge that Naseej may use your personal information for the purpose of resolving disputes with other Members. You discharge Naseej from any claims, demands and/or damages arising out of disputes with other Users.
Naseej reserves the right, if it determines it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Naseej shall not be liable to you or any third-party for any termination, suspension or deactivation of your access to the Site and/or Services. Further, you agree not to attempt to use the Site and/or Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account).
20. General Provisions
Naseej may give you notice relating to your account or the Services at the email address and/or phone number you provided when registering for your account in the Site, or any other notification means through the Site, such as alerts and reminders. Notices will be considered received and notified within 12 hours after the e-mail, notification, reminder or alert is sent.
Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose. Actions brought thereafter are forever barred.
If Naseej fails, at any given time, to insist on strict performance of any of your obligations or representations under this Agreement, or if Naseej fails to exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Naseej of any default shall not constitute a waiver of any subsequent default.
You may not assign, transfer or sublicense the terms of this Agreement in whole or in part to any person or third-party without Naseej’s prior written approval and any attempt to do so in violation of this section shall be null and void. You give your approval to Naseej for it to assign or transfer these terms in whole or in part, including to: a) a subsidiary or affiliate; b) an acquirer of Naseej’s equity, business or assets; or c) a successor by merger.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing Law and Disputes
The Site is administered in the Kingdom of Saudi Arabia and intended for Saudi Arabian Users. Any use outside of the Kingdom of Saudi Arabia is at the User’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Site and/or Services.
Naseej provides this Site and/or Services in both English and Arabic language, and may, but is not obligated to, translate this Site and provide the Services in any other language. However, the Arabic version governs your relationship with Naseej, and any inconsistencies among the different versions will be resolved in favor of the Arabic version.