Terms & Condition
NILEPASS.com Terms and Conditions
Introduction
This Policy is a guide to the
acceptable use of Nilepass.com web facilities and services. Any user in order
to use this platform must comply with this policy, the stated purposes and
Acceptable Use policies of any other network(s) or host(s) connected, and all
applicable laws, rules, and regulations.
Nilepass.com takes no responsibility
and assumes no liability for any content uploaded, shared, transmitted, or
downloaded by you or any third party, or for anything you may encounter or any
data that may be lost or compromised while connected. Nilepass.com reserves the
right to disable any user at any time and for any reasons deemed acceptable by its
administration.
Inappropriate use of the platform is
not permitted. This policy does not enumerate all possible inappropriate uses
but rather presents some guidelines (listed below) that Nilepass.com may at any
time use to decide that a particular use is inappropriate:
Users must respect the privacy and
intellectual property rights of others. Users must respect the integrity
of our platform and any other public or private computing and network
systems. Use of the platform for malicious, fraudulent, or
misrepresentative purposes is prohibited. The Platform may not be used in
a manner that precludes or hampers other users access to the platform or any
other networks. Nothing may be installed or used that modifies, disrupts,
or interferes in any way with service for any user, host, or network.
By entering your information and using
this platform you agree that we may contact you about events, products and
services that may be of interest to you. If you do not want us to use your information
in this way, please contact us at privacy@Nilepass.com.ae
1. Using NILEPASS.com
In connection with using or accessing our services you
agree to comply with this user agreement, our policies, our terms, and all
applicable laws, rules, and regulations and you will not:
1.1
Infringe the copyright, trademark, patent, publicity, moral,
database, and/or other intellectual property rights (collectively,
"Intellectual Property Rights") that belong to or are licensed to NILEPASS.com.
Some, but not all, actions that may constitute infringement are reproducing,
performing, displaying, distributing, copying, reverse engineering,
decompiling, disassembling, or preparing derivative works from content that
belongs to NILEPASS.com or someone else;
1.2
Harvest or otherwise
collect or use information about users without their consent.
1.3 post false, inaccurate, misleading,
deceptive, defamatory, libellous, or illegal content;
1.4 Create listings, post, or
upload content in inappropriate categories or areas on our sites.
1.5 Fail to deliver items sold by our
partner platform, unless you have a valid reason as set out in our platform.
1.6 Use our Services if you are not able to form
legally binding contracts (for example, if you are under 18 years old), or are
temporarily or indefinitely suspended from using our Services, or are a person
with whom transactions are prohibited under economic or trade sanctions;
1.7 Interfere with the functioning of our Services,
such as by imposing an unreasonable or disproportionately large load on our infrastructure;
1.8 Infringe any Intellectual Property Rights that
belong to third parties affected by your use of our Services or post content
that does not belong to you, or to use inappropriately our platform beyond than
its intended purpose;
1.9 Use or participate our business platform for
illegal purposes that breach your countries laws including taxes. The user is
solely responsible for such infringement and agrees to take all consequence. NILEPASS.com
reserves the right to disclose your activities to any regulatory body that
requests such information.
If we
believe you are violating this User Agreement or any of our policies, or
abusing NILEPASS.com and/or our Services in any way, we may, in our sole
discretion and without limiting other remedies, limit, suspend, or terminate
your user account(s) and access to our Services, delay or remove hosted
content, remove any special status associated with your account(s), remove, not
display, and/or demote listings, reduce or eliminate any discounts, and take
technical and/or legal steps to prevent you from using our Services. We
may offer a process allowing users to report claimed violations for us to
consider and handle through one or more of these options, all in our sole
discretion.
2. Policy
Enforcement
When a buyer or seller issue arises, we may
consider the user's performance history and the specific circumstances in
applying our policies. We may choose to be more lenient with policy enforcement
in an effort to do the right thing for both our customers and client platforms.
The foregoing does not limit or impair our right to refuse, modify, or
terminate all or part of our services to anyone, or to terminate this agreement
with anyone, for any reason at our discretion.
3. Fees and Charges
We charge sellers for the use of our Services. In
some cases, where buyers receive supplemental Services such as authentication
or storage Services for items in certain categories, we may also charge those
buyers for such supplemental Services.
The fees we charge sellers for using our Services
to sell goods and services are listed on our Merchant agreement pages. We may
change our selling fees from time to time by posting the changes on the NILEPASS.com
site seven (7) days in advance, but with no advance notice required for
temporary promotions or any changes that result in the reduction of fees.
We also reserve the right to act against any
customer who has breached our client platform’s rules and regulations. As their
transaction arm, Nilepass has the duty to investigate and take action against
such interference.
4. Purchase Conditions
When buying an item
using our client platform services, you
agree that:
- You
are responsible for reading the full item listing before purchasing or
committing to buy,
- You
enter into a legally binding contract to purchase an item when you buy the
item, commit to buy the item, regardless of when payment is due or
received,
- We
do not transfer legal ownership of items from the seller to you,
5. Holds and Restricted Funds
To protect NILEPASS.com from risk of liability
for your actions as a seller, NILEPASS.com Payments Entities (as defined below)
may restrict access to your funds for review purposes.
6. Indemnity
You will indemnify and hold us (including our
affiliates and subsidiaries, as well as our and their respective officers,
directors, employees, and agents) harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of your
breach of this User Agreement, your improper use of our Services or your breach
of any law or the rights of a third party.
7. Authorization to Contact You; Recording Calls; Analysing Message
Content
NILEPASS.com may contact you using autodialed or pre-recorded
calls and text messages, at any telephone number that you have provided us, to:
(i) notify you regarding your account; (ii) troubleshoot problems with your
account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions
through surveys or questionnaires; or (vi) as otherwise necessary to service
your account or enforce this User Agreement, our policies, applicable law, or
any other agreement we may have with you. NILEPASS.com may also contact you
using autodialed or pre-recorded calls and text messages for marketing purposes
(e.g., offers and promotions), if you consent to such communications. Our
collection, use, disclosure, retention, and protection of your personal
information is governed by our user Privacy Policy.
NILEPASS.com may, without further notice or
warning and in its discretion, monitor or record telephone conversations you or
anyone acting on your behalf has with NILEPASS.com or its agents for quality
control and training purposes, or for its own protection.
NILEPASS.com's automated systems scan and analyse
the contents of every message sent through its messages platform, including
messages between users, to detect and prevent fraudulent activity or violations
of NILEPASS.com's User Agreement, including the incorporated terms, notices,
rules, and policies. This may result in a manual review of messages sent
through our messaging tools. This scanning and analysis may occur before,
during, or after the message is sent, or while in storage, and may result in
your message being delayed or withheld. NILEPASS.com may store message
contents, including to conduct this scanning and analysis.
8. Additional Terms
NILEPASS.com may offer personalized
recommendations to you to provide a relevant and engaging experience, helping
you sell or buy items of interest to you. These recommendations may consider
data related to your NILEPASS.com activity, the item, and seasonality, among other
factors.
9. Payment Services
Payments for goods and services sold using our
Services are facilitated by designated NILEPASS.com entities. To receive
payment for an item sold using our Services, you must accept and comply with
the terms and conditions, including the
requirements to provide to NILEPASS.com Payment Entities information about you,
your business, and the financial account you will use to receive payments.
You
may pay for items and services using NILEPASS Payment method available, and the
NILEPASS.com Payment Entities will manage settlement of the payment to sellers.
When buying on our Services, you authorize the NILEPASS.com Payment Entity to
initiate payments using your selected payment method and collect the transaction
amounts on behalf of the seller accordingly; payments received by the NILEPASS.com
Payment Entity from you will satisfy your obligations to pay the seller in the
amount of payments received.
In
certain instances, your transaction may be declined, frozen, or held for any
reason including for suspected fraud, Anti-Money Laundering ("AML")
compliance, compliance with economic or trade sanctions, in connection with NILEPASS.com's
internal risk controls or due to potential violations of any policy of NILEPASS.com
or the NILEPASS.com Payment Entity, or a policy of one of the Payment Entity's
third-party payment services providers.
NILEPASS.com,
the NILEPASS.com Payment Entity or its affiliates may save payment information,
such as credit card or debit card numbers, and card expiration dates, entered
by you on our Services when you make a purchase, redeem a coupon, or make any
other transaction on our Services where card information is entered. Such stored
payment information may be used as your default payment method for future
transactions on our Services. At any time, you can update your card information
or enter new card information, at which point the new card information shall be
stored as your default payment method. You may make changes to your default
payment method through the payment section in My NILEPASS.com. You are
responsible for maintaining the accuracy of information we have on file, and
you consent to NILEPASS.com updating such stored information from time to time
based on information provided by you, your bank or other payments services
providers. You will only provide information about payment methods that you are
authorized to use. By placing a payment method on file with us, you authorize NILEPASS.com
Payment Entities to charge your payment method(s) for any and all amounts
arising from your use of our Services, including charges to recover the
proceeds of any fraud perpetrated by you, or charges necessary to recoup
amounts refunded to you in error.
If
you are entitled to a refund, the NILEPASS.com Payment Entities will issue the
refund if the NILEPASS.com Payment Entities processed the original payment.
Refund timing may vary in accordance with the rules of third parties, such as
credit and debit card networks.
You
agree to comply with, and not cause a third party to violate, all applicable
laws, regulations, rules and terms and conditions in connection with the use of
the services provided by the NILEPASS.com Payment Entities. You understand that
some third parties, such as credit and debit card issuers, credit and debit
card networks and payments services providers, may have their own terms and
conditions for the payment or settlement methods you choose to use in
connection with managed payments transactions. Failure to abide by third-party
terms and conditions may result in fees assessed to you (for example, currency
conversion fees from your credit card issuer if the transaction currency is
different from your credit card currency) or other actions taken by such third
parties, and you agree that the NILEPASS.com Payment Entity has no control
over, or responsibility or liability for, such fees or actions.
10. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe,
secure, and functioning properly, but we cannot guarantee the continuous
operation of or access to our Services. Bid update and other notification
functionality in NILEPASS.com's applications may not occur in real time. Such
functionality is subject to delays beyond NILEPASS.com's control.
You agree that you are making use of
our Services at your own risk, and that they are being provided to you on an
"AS IS" and "AS AVAILABLE" basis. Accordingly, to the
extent permitted by applicable law, we exclude all express or implied
warranties, terms and conditions including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement.
In addition, to the extent permitted by
applicable law, in no event will NILEPASS.com (including our parent,
subsidiaries, and affiliates, and our and their officers, directors, agents,
and employees, partnering entities) be liable to you or any third party under
any claim at law or in equity for any consequential damages or losses
(including, but not limited to, loss of money, goodwill or reputation, profits,
other intangible losses, or any special, indirect, or consequential damages),
and all such damages or losses are expressly excluded by this User Agreement
whether or not they were foreseeable or NILEPASS.com was advised of such
damages or losses. Without limiting the generality of the foregoing, we
(including our parent, subsidiaries, and affiliates, and our and their
officers, directors, agents, and employees) are not liable, and you agree not
to hold us responsible, for any damages or losses (including, but not limited
to, loss of money, goodwill or reputation, profits, other intangible losses, or
any special, indirect, or consequential damages) resulting directly or
indirectly from:
·
the content you provide (directly or
indirectly) using our Services;
·
your use of or your inability to use
our Services;
·
pricing, shipping, format, or other
guidance provided by NILEPASS.com;
·
delays or disruptions in our Services;
·
viruses or other malicious software
obtained by accessing or linking to our Services;
·
glitches, bugs, errors, or inaccuracies
of any kind in our Services;
·
damage to your hardware device from the
use of any NILEPASS.com Service;
·
the content, actions, or inactions of
third parties, including items listed using our Services or the destruction of
allegedly fake items;
·
a suspension or other action taken with
respect to your account or breach of the Using NILEPASS.com section above;
·
the duration or manner in which your
listings appear in search results as set out in the Listing Conditions section below;
or
·
your need to modify practices, content,
or behaviour, or your loss of or inability to do business, as a result of
changes to this User Agreement or our policies.
Some jurisdictions do not allow the
disclaimer of warranties or exclusion of damages, so such disclaimers and
exclusions may not apply to you. Regardless of the previous paragraphs, if we
are found to be liable, our liability to you or to any third party is limited
to the greatest of (a) any amounts due under the NILEPASS.com Money Back
Guarantee up to the price the item sold for on NILEPASS.com (including any
applicable sales tax) plus its original shipping costs, (b) the amount of fees
in dispute, not to exceed the total fees you paid to us in the 12 months prior
to the action giving rise to the liability.
12. General
Except as otherwise provided in this User Agreement, if any
provision of our agreement is held to be invalid, void or for any reason
unenforceable, such provision shall be struck out and shall not affect the
validity and enforceability of the remaining provisions. In our sole
discretion, we may assign this User Agreement, and in such event, we will post
notice on NILEPASS.com.
Headings are for
reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. We do not
guarantee we will take action against all breaches of this User Agreement.
We may amend this User
Agreement at any time by posting the amended terms on www.NILEPASS.com.com. Our
right to amend the User Agreement includes the right to modify, add to, or
remove terms in the User Agreement. We will provide you 7 days' notice by
posting the amended terms. Additionally, we will notify you through the NILEPASS.com
Message Center and/or by email. Your continued access or use of our Services
constitutes your acceptance of the amended terms. We may also ask you to
acknowledge your acceptance of the User Agreement through an electronic
click-through. This User Agreement may not otherwise be amended except through
mutual agreement by you and NILEPASS.com representative who intends to amend
this User Agreement and is duly authorized to agree to such an amendment.
Without limiting NILEPASS.com's
ability to refuse, modify, or terminate all or part of our Services, NILEPASS.com
may also terminate this Agreement with anyone at any time for any reason, at
our sole discretion, by giving notice of such termination.
The policies and terms
posted on our Services may be changed from time to time. Changes take effect
when we post them on the NILEPASS.com Service.
If you create or use
an account on behalf of a business entity, you represent that you are
authorized to act on behalf of such business and bind the business to this User
Agreement. Such account is owned and controlled by the business entity. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this User Agreement.
The User Agreement and
all terms and policies posted through our Services set forth the entire
understanding and agreement between you and NILEPASS.com, and supersede all
prior understandings and agreements of the parties.