Online Classifieds DUBAI (SMC Private) Limited (hereinafter together “NASHWA”) provides a collection of online resources which include classified advertisements and forums (collectively, the “Service”) on the website NASHWA.ae and related sites and the mobile application of the platform (collectively, the “Website”).
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
NASHWA is the next generation of free online classifieds. We act as an online marketplace platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as NASHWA is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that NASHWA is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
You understand that NASHWA does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside NASHWA’s domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“Content”), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will NASHWA be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that NASHWA permits such goods and services to be displayed and offered on the Website that conform with the terms stated herein, however NASHWA does not pre-screen or approve any Content, but that NASHWA has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to NASHWA’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to NASHWA. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. NASHWA makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and NASHWA disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by NASHWA on the website and that any copyrights therein belongs to NASHWA and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to NASHWA. ii) you acknowledge that the information and/or photographs that you post on the Website is stored and compiled by NASHWA in a proprietary database and that the uploaded information and/or photographs are modified by NASHWA by applying a watermark of NASHWA logo and in such derivate works also the copyright belongs to NASHWA. iii) you shall continue to, for such time the Content is available on the Website, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license NASHWA to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and iv) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, by submitting any Content on the Website, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to NASHWA an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and NASHWA’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to NASHWA all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of DUBAI. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or NASHWA remove or delete such Content from the Website.
NASHWA does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and NASHWA expressly disclaims any and all liability in connection with user Content. NASHWA does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and NASHWA may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. NASHWA reserves the right to remove any Content without prior notice. NASHWA may also terminate a user’s access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, NASHWA reserves the right to decide whether any Content is appropriate and complies with these Terms.
NASHWA may provide a video service to you if you upload photographs for your ad. By uploading your photographs, not covered by 2(3)(i) or (ii) above, you irrevocably license and consent to the exclusive use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, NASHWA may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by NASHWA at its discretion, and embed the video into your ad on NASHWA.
Featured Ads are subject to the Terms listed herein, as well as additional terms of service.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party other intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant NASHWA all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that includes personal or identifying information about another person without that person’s explicit consent;
- that impersonates any person or entity, including, but not limited to, an NASHWA employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- that constitutes or contains “network marketing”, “multi-level marketing”, “Ponzi and pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to NASHWA users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by NASHWA;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law of local jurisdiction;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by NASHWA or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
- use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of NASHWA’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- use any automated device or software that enables the submission of automatic postings on NASHWA without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
NASHWA may charge a fee to post Content in some areas of the Service (“Paid Posting”). The Paid Posting permits certain Content to be posted in a designated area of the Website for a stipulated period of time. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any Paid Posting is non-refundable in the event of non-utilization during the stipulated period or if any Content is removed from the Service for violating these Terms. The Paid Posting cannot be adjusted against another Paid Posting and cannot be transferred from one User to another.
As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. NASHWA prohibits the use of Posting Agents, directly or indirectly, without the express written permission of NASHWA. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from NASHWA. Any such authorization by NASHWA to a Posting Agent is non-transferable and non-assignable.
LICENSE TO ACCESS THE SERVICE
NASHWA grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, reproduction, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by NASHWA or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless NASHWA expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray NASHWA, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. NASHWA may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. NASHWA permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to ‘NASHWA’ as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that NASHWA promotes or endorses any third party causes, opinions, ideas, websites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of NASHWA’s systems. NASHWA reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from NASHWA.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS
NASHWA is not liable for any infringement of copyright or other intellectual property rights, arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to NASHWA together with a request to NASHWA to delete the relevant Content in good faith. The notification and the request must contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit NASHWA to locate the material;
- information reasonably sufficient to permit NASHWA to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
- a signed statement that the intellectual property-owner hold NASHWA harmless from any claim of any third party in connection with the removing by NASHWA of the relevant content; and
- signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to Online Classifieds DUBAI (SMC Private) Limited via [email protected]
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, (other than the user Content that you licensed to NASHWA under Section 2(3) of the Terms), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to NASHWA, and are subject to copyright and other intellectual property rights under the DUBAIi laws and international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to NASHWA. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NASHWA reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, reproduction or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws of DUBAI, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright including but not limited to as a literary work, a collective work and/or compilation, pursuant to copyrights laws, other laws of DUBAI, and international treaties and conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation, or allowing others to do so, is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. NASHWA is a service mark registered with the U.S. Patent and Trademark Office, the EU-wide patent and trademark authorities and in various other jurisdictions including DUBAI.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that NASHWA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NASHWA with respect thereto.
You agree to defend, indemnify and hold harmless NASHWA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, and other intellectual property rights, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to NASHWA email addresses or through NASHWA computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time NASHWA may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the NASHWA e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of NASHWA computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal liabilities and penalties.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that NASHWA shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that NASHWA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that NASHWA is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release NASHWA, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that NASHWA may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that NASHWA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that NASHWA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NASHWA shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that NASHWA, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if NASHWA believes that you have violated these Terms. Further, you agree that NASHWA shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW NASHWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NASHWA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. NASHWA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NASHWA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL NASHWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NASHWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE NASHWA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NASHWA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by NASHWA. NASHWA makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, must not be transferred or assigned by you, but may be assigned by NASHWA without restriction. Any assignment or transfer by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, agreements, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and NASHWA and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and NASHWA shall be governed by the laws of DUBAI. Any claim you may have against NASHWA must be submitted to the exclusive jurisdiction of the courts of Lahore, DUBAI. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of NASHWA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the NASHWA homepage at NASHWA.com.pk. Any failure to act by NASHWA with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. Notwithstanding the aforesaid clauses regarding any other provision of these Terms, NASHWA retains the right to seek legal and equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
What is the Policy on Cookies?
Policy on Cookies and Similar Technologies
PLEASE READ THIS POLICY ON COOKIES AND SIMILAR TECHNOLOGIES CAREFULLY BEFORE USING THIS SITE OR APP
Last updated on 22 October 2018
- What are cookies?
For more information about cookies, see www.allaboutcookies.org.
Cookies perform various functions including making navigation easier and storing your preferences to show you relevant content and enhance your general user experience.
- To manage your preferences and to enhance certain features on our Platform. This may include collecting information about the date and time of your visit, your browsing history and your language preference.
- To support our security measures and detect any fraudulent activities.
- To analyze how our Platform is accessed or used and its performance. We use this information to maintain, operate and continually improve our services.
- To deliver advertisements relevant to you. As cookies helps us to regulate the advertisements you see and measure their effectiveness.
- What kind of cookies and other technologies do we use?
Our Platform uses the following categories of cookies and technologies:
- Persistent cookies– these cookies are stored in the browser of your device and are used whenever you visit our Platform. These cookies help us in remembering your settings and preference(s), in order to make your next visit more convenient. For instance, these cookies will ensure that you will not have to log in again. It will also remember the language preference of the users on their next visit.
- Session cookies– these are temporary cookies that remain in the cookies archive of your browser until you leave our Platform. The information we receive using these cookies helps us to analyze web traffic patterns, enabling us to identify and troubleshoot problems and provide a better navigation experience.
- Advertising cookies – these cookies help us in providing relevant ads to you, in measuring the performance of the advertisers’ campaign by analyzing your interaction with the advertiser’s ads. For example, it helps us in determining the number of times users have clicked on advertiser’s ad and have visited the advertiser’s website.
In addition, we use web beacons which are small graphic images (also known as “pixel tags” or “clear GIFs”) on our Platform. They are used together with cookies to identify our users and their behavior.
- Do we have third-party cookies or plug-ins on our Platform?
Below are the third parties whom we allow to set cookies or other technologies on your device.
Advertising partners: Our Advertising partners such as DoubleClick, Criteo, RTB House, Index Exchange, OpenX etc. may use targeting and advertising cookies to serve ads they believe are most likely to be of interest to you and to measure the effectiveness of such ads on our Platform.
Third Party Plug-ins: Our Platform also uses plug-ins of third parties in the form of a share button for Facebook, Twitter and Whatsapp. With the help of this share button, you can share our ad listings on the third parties’ platform provided that you are logged into these third parties. These third parties may be able to link your interaction with our platform to your account with them. Therefore, please read these third-party privacy policies before clicking on the share button.
- What can you do to delete, disable or block cookies?
Your browser will usually provide information on how to refuse, delete or block cookies. The following links will take you to that information on some of the commonly used browsers: