1. Introduction
1.1 Welcome to www.neatbynicky.com (the “NeatbyNicky Site”). These Website Terms and Conditions sets out the terms on which you can access and use the NeatbyNicky Site and the use of any services, information and functions made available by us including our mobile application (collectively “NeatbyNicky Services”). By registering, accessing or using our NeatbyNicky Services, you agree to be bound by these Website Terms and Conditions and all other terms and conditions and policies pertaining to the use of the NeatbyNicky Site and/or NeatbyNicky Services including its amendments and you consent to the processing of your personal data as described in the Privacy Policy.
1.2 All references to NeatbyNicky Site in these Website Terms and Conditions shall deem to refer to the aforesaid entity in the inclusion of the online portal.
1.3 The provisions stated in these Website Terms and Conditions may be changed or modified by us from time to time and your continued use and access to this NeatbyNicky Site constitutes your agreement to such changes.
2. NeatbyNicky Site
2.1 The NeatbyNicky Site operates as a marketplace designed to allow entities (the “Sellers”) to offer and sell products and services (the “Goods”) and for you to order, purchase, avail and buy said Goods. Thus, we have no control over the quality, safety, morality or legality of any aspect of the Goods listed, the truth or accuracy of the listings, the ability of Sellers to sell items or your ability to pay for the Goods ordered.
2.2 We do not pre-screen the content or information provided by users and cannot ensure that you or the Seller will actually complete a transaction.
2.3 We reserve our right to amend, modify, add, remove or suspend all or any portion of the NeatbyNicky Site and/or NeatbyNicky Services at any time.
2.4 We may also impose limits on certain features or restrict your access to parts of, or the entire, NeatbyNicky Site and/or NeatbyNicky Services at our sole discretion and without notice and/or liability.
3. Your Account
3.1 Eligibility to use. Use of the NeatbyNicky Site is only available to persons who are of legal age for giving consent and/or “competent to contract” pursuant to the Applicable Law. By accepting Website Terms and Conditions or using or accessing the NeatbyNicky Site, you irrevocably declare and undertake that you are of legal age capable of entering into a binding contracts.
3.2 Account Registration. To access and use the NeatbyNicky Site and/or Services, you shall complete the registration process by creating your account with us.
a. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (the “Registration Data”). You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete and to continue with your eligibility in availing the NeatbyNicky Services. If you provide any information that is untrue, in accurate, not current or incomplete, or not in accordance with this Website Terms and Conditions any other terms and conditions and policies as set out in this NeatbyNicky Site, we will have the right to indefinitely suspend, limit, cancel or withdraw your current and future use and access to the NeatbyNicky Site and/or NeatbyNicky Services.
b. You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You are also responsible for all activities that occur under your account and we are not responsible for any unauthorized access to your account. You agree that you will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen or exposed to any other breach of security pursuant to Clause 12.6.
c. In no event we will be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the breach of security and/or disclosure of your username and/or password.
3.3 Registration Data. Subject to the Privacy Policy and other terms and conditions as we may impose from time to time, you expressly allow and permit us (including our affiliates and authorized third party providers) to access, collect and retain your Registration Data. You also acknowledge that some or all of your Registration Data will be shared to authorized third party providers for the completion of your transaction in the NeatbyNicky Site.
4. Your Responsibilities
4.1 The NeatbyNicky Site and NeatbyNicky Services may be used only for lawful purposes and in a lawful manner. You must comply at all times with these Website Terms and Conditions and all other terms, conditions and policies imposed by us from time to time pertaining to the use and access of the NeatbyNicky Site and NeatbyNicky Services.
4.2 For the operation, maintenance, access and use of your account in the NeatbyNicky Site, you shall be responsible for the following:
• compliance of your content with these Website Terms and Conditions and all other terms, conditions and policies imposed by us from time to time pertaining to the use and access of the NeatbyNicky Site and NeatbyNicky Services including laws, rules and regulations;
• ensuring that you will not falsify, delete, misuse, imitate, download, modify or distribute any content or listing by any Sellers or any other users of which may tantamount to an infringement, violation, or misappropriation of their rights including without limitation copyrights, trademarks, trade secret, privacy, publicity or other intellectual property or proprietary rights.
• representing and warranting that:
o you are not impersonating any person or entity, or otherwise misrepresent yourself in association with any person or entity;
o you agree to provide accurate information that includes without limitation mode of payment information for purchasing the Goods ordered on NeatbyNicky Site;
o you warrant that you will not use any payment information or instrument that you do not legally own or authorized to use;
o you will not make, publish, post, upload or disseminate any derogatory, abusive, defamatory, profane, inappropriate remarks or statements about the NeatbyNicky Site and/or its NeatbyNicky Services or to any of its users;
o you will not use the NeatbyNicky Services and NeatbyNicky Site for fraudulent purposes;
o you will not collect any information about other users which include any of their personal data or information;
o you will not use the NeatbyNicky Services to violate the privacy of others or to harass other users;
o you will not upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, files or programs designed to directly or indirectly interfere with, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data;
o you will not conduct any surveys, contests or comparisons;
o you will not upload, email, post, transmit or otherwise make available any unsolicited or unauthorized promotional materials, advertising, “junk mail”, “spam”, “pyramid schemes”, or any other authorized form of solicitation.
o any breach of the above warranties and representations, you agree to compensate and reimburse and/or pay any fines or fees imposed by us or by any relevant authority;
5. Our Rights
5.1 Notwithstanding the provisions of this Website Terms and Conditions and without prejudice to any of our rights and remedies as may be provided by law, rules, regulations and other terms, conditions and policies that may be imposed by us from time to time, we reserve our right amend the Website Terms and Conditions, modify or withdraw this DubaiStore without notice, refuse purchase of any or all Goods listed for sale through the NeatbyNicky Site including the sole discretion to deactivate your account with us.
5.2 We may in our sole discretion use and employ the services of our affiliates and/or third-party processors or such other service providers in connection to the fulfillment of the delivery of the Good as purchased in our NeatbyNicky Services without any notice to you.
5.3 All Goods listed on the NeatbyNicky Site are on an “as is” and “as available” basis. Thus, pictures and/or images of the products are for and by reference only. In case of any variation, infringement claims or any other claims arising with such pictures or Seller’s content listing, you agree to indemnify us and hold us harmless for all such claims, damages arising from such claims. Any and all Sellers’ content and/or listing of any Goods are not endorsed or supported by us and is the sole responsibility of the respective Seller. We therefore disclaim any liabilities arising out of any such claims to this end.
5.4 At the same time, we disclaim any and/or all claims and/or liabilities arising any price revision of the Goods purchased online, irrespective whether you have earmarked or wish listed such Good.
5.5 Notwithstanding any other provisions of this Website Terms and Conditions and without prejudice to any of our rights and remedies, you indemnify , defend and hold us harmless for any and all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the Goods ordered are found counterfeit or refurbished or not to be original; or (b) if you purchase Goods in the NeatbyNicky Site in breach of any third-party agreements or proprietary rights; (c) on any loss of your personal information; or (d) any other type of fraudulent conducted is identified on your part.
6. Shipping and Delivery
6.1 We reserve our right to employ and use any of our authorized third-party courier service provider or logistics partner supported by us for the delivery and shipping of your Goods ordered on the NeatbyNicky Site. All deliveries shall be made on a best effort basis and we will endeavor to deliver the Goods on the estimated dates of delivery as provided in the NeatbyNicky Site.
6.2 We reserve our right to delay the delivery of the Goods in case of Force Majeure which includes without limitation the following: (a) bad weather; (b) shipping/transport delays; (c) political disruptions or any other unforeseen events. In case of delay in the delivery of the Goods, we may, at our sole discretion, notify you of such delay.
6.3 Notwithstanding the above clause, we shall not incur liability and be held responsible in case of failure or delay in the delivery of the Goods including any damage or loss caused to the delivery of the Goods.
6.4 We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Goods. We also reserve our right to cancel any order that we may, at our sole discretion, determine to be “bulk orders”.
7. Intellectual Property
7.1 We reserve our rights, title and interest to all information, content, trademark, logos, intellectual property rights on the NeatbyNicky Site including the graphics, software application and platform, photos, design and software compilations source code and object code, etc. (collectively referred to us “Intellectual Property”). You agree and confirm that no part of any Intellectual Property rights arising as a result your use and access to the NeatbyNicky Site is transferred to you.
7.2 By mere registering to the NeatbyNicky Site, you shall not obtain no rights under this Website Terms and Conditions from us or our licensors to the Intellectual Property of the NeatbyNicky Site, including any related intellectual property rights.
7.3 All Intellectual Property on the NeatbyNicky Site exclusively belongs either to us or to Sellers and/or any authorized third-party suppliers or partners, as the case may be. Under no circumstance that you may infringe on our Intellectual Property rights or of user or of any other third party while using and accessing our NeatbyNicky Site.
7.4 Neither you may use Intellectual Property of the NeatbyNicky Site including the software licenses and applications utilized to support the NeatbyNicky Services in any manner or for any purpose other than as expressly permitted by this Website Terms and Conditions. Neither you nor any of your permitted users may, or may attempt to:
• modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the NeatbyNicky Services (except to the extent software included in the NeatbyNicky Services are provided to you under a separate license that expressly permits the creation of derivative works),
• reverse engineer, disassemble, or decompile the NeatbyNicky Services or apply any other process or procedure to derive the source code of any software included in the NeatbyNicky Services,
• access or use the NeatbyNicky Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or
• resell or sublicense the NeatbyNicky Services;
8. Suspension and Termination
8.1 Without prejudice to any of our rights and remedies as provided in this Website Terms and Conditions including laws, rules, regulations, including other terms, conditions or any policies as we may impose from time to time, we have the right to unliterally and immediately suspend, limit, withdraw, revoke or terminate your access to our NeatbyNicky Site and/or NeatbyNicky Services upon the occurrence of any of the following:
• breach of any provision of this Website Terms and Conditions in any manner whatsoever;
• breach of any laws, rules, regulations including other terms, conditions or any policies as we may impose from time to time for the use and access of the NeatbyNicky Site and NeatbyNicky Services;
• you fail to reasonably cooperate with our investigation;
• we reasonably believe that your continued provision of our NeatbyNicky Services would expose you or us or our affiliates (including third-party providers) to a material security or regulatory action; or
• any other events as provided in this Website Terms and Conditions or any of our policies as we may amend from time to time.
8.2 You agree that we will not be liable for any claim or compensation directly or indirectly whatsoever to you or to any other person as a result of your suspension or termination of your access and use of the NeatbyNicky Site.
9. Disclaimer
THE NEATBYNICKY SITE AND/OR NEATBYNICKY SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE NEATBYNICKY SERVICES OR THE THIRD-PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE NEATBYNICKY SERVICES OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE
10. Indemnity and Liability
10.1 To the fullest extent permitted by applicable law and notwithstanding any other provision of this Website Terms and Conditions, we including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active , passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:
a. loss of use, loss of profits, loss of revenues, loss of data, loss of goodwill, loss of business opportunities or failure to realize anticipated savings, in each case whether direct or indirect; or
b. any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.
In addition to the foregoing, you will defend, indemnify, and hold us harmless including our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses, compensation, reimbursement, or damages (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
• your inability to access and use the NeatbyNicky Site and/or NeatbyNicky Services, including as a result of any: (i) termination or suspension your use of or access to the NeatbyNicky Site and/or NeatbyNicky Services, (ii) our discontinuation of any or all of the NeatbyNicky Services, any unanticipated or unscheduled downtime of all or a portion of the services for any reason, including as a result of power outages, system, server or connection failure, error omission, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros or other interruptions;
• breach of this Website Terms and Conditions including laws, rules, regulations, including other terms, conditions or any policies as we may amend and impose from time to time;
• involving alleged infringement or misappropriation of intellectual property rights of any third including the content of your listing defamatory, obscene, slanderous or violates any third-party rights (including privacy rights); or
• your use of or access to any other website or webpage linked to the NeatbyNicky Site, even if we or our officers, agents, employees or other authorized third-party providers may have been advised of, or otherwise might have anticipated, the possibility of the same;
• your reliance on any data or information made available through the NeatbyNicky Site and/or NeatbyNicky Services. You should not act on such data or information without first independently verifying its contents; or
• any investments, expenditures, or commitments by you in connection with your use of or access to the NeatbyNicky Site and/or NeatbyNicky Services.
10.2 Notwithstanding the above, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers’ aggregate liability will be limited to the lesser of: (a) an amount you actually pay us that gave rise to the claim during the 12 months’ preceding the claim or (b) AED 300.
10.3 Any risk of misunderstanding, error, damage, expense or losses arising from the use and access of the NeatbyNicky Site and/or NeatbyNicky Services is entirely at your own risk and we shall not be liable therefore.
11. Reporting and Notification
In case of you believe that there has been a breach and violation of the Website Terms and Conditions, please report and notify us on the details in clause 12.6 and we will conduct an investigation.
12. Miscellaneous
12.1 Modifications to the Website Terms and Conditions. We may modify this Website Terms and Conditions at any time by posting a revised version on the NeatbyNicky Site or by otherwise notifying you. By continuing to use the NeatbyNicky Services after the effective date of any modifications to this Website Terms and Conditions, you agree to be bound by the modified terms. It is your responsibility to check the NeatbyNicky Site regularly for modifications to this Website Terms and Conditions.
12.2 Relationship of the Parties. Nothing contained in these Website Terms and Conditions will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for NeatbyNicky Services.
12.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Website Terms and Conditions where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.4 Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Website Terms and Conditions to its full extent, including without limitation assisting each other in complying with applicable law.
12.5 No Third-Party Beneficiaries. This Website Terms and Conditions does not create any third-party beneficiary rights in any individual or entity that is not a party to this Website Terms and Conditions.
12.6 Notice.
• To You. We may provide any notice to you under this Website Terms and Conditions by: (i) posting a notice on the NeatbyNicky Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the NeatbyNicky Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
• To Us. To give us notice under this Website Terms and Conditions, you must contact us as follows: (i) by telephone to +971 000000000; (ii) by email to care@neatbynicky.com;
12.7 Language. These Website Terms and Conditions shall be made English, shall be deemed an original.
12.8 No Waivers. The failure by us to enforce any provision of this Website Terms and Conditions will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
12.9 Severability. If any portion of this Website Terms and Conditions is held to be invalid or unenforceable, the remaining portions of this Website Terms and Conditions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Website Terms and Conditions but the rest of the Website Terms and Conditions will remain in full force and effect.
12.10 Governing Law; Venue. This Website Terms and Conditions and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of United Arab Emirates. Both parties irrevocably agree that the courts of Dubai, UAE (excluding DIFC Court) have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Website Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).
12.11 Entire Agreement. This Website Terms and Conditions including any terms, conditions, policies and/or instructions that we may set from time to time is the entire agreement between you and us regarding the subject matter of this Website Terms and Conditions. This Website Terms and Conditions supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Website Terms and Conditions.