Nimses Goods service usage terms and conditions.

NIMSES GOODS TERMS AND CONDITIONS

NIMSES GOODS TERMS AND CONDITIONS


Effective as from: 15.08.2017
Last modified on: 29.08.2017

Before using the Service «Nimses Goods» (hereinafter – «Service»), we ask you to read carefully this document and also acknowledge general Nimses Terms and Conditions available at the link: https://nimses.com/terms/ and general Nimses Privacy Policy available at the link: https://nimses.com/privacy/, which are also applied to the persons, using the Service.

Nimses Goods Privacy Policy is an integral part of these Terms and Conditions, available at the link: https://nimses.com/goods-privacy/

By using the Service through personal Account in the Application or Business-page on the Site, and by clicking the button, confirming the consent with these Terms and Conditions, you accept these Terms and Conditions and pledge to adhere to them. If you do not accept these Terms and Conditions, we ask you to refrain from using the Service.

1. DEFINITIONS

1.1 The terms used in these Terms and Conditions shall have the following meaning:

  • 1.1.1 Company – legal entity or private entrepreneur, which, through personal Account of the Company’s founder or other contact person, has registered the Business-page or Business- pages on the Site, and which is using the Service «Nimses Goods» according to these Terms and Conditions.
  • 1.1.2 Business-page – a virtual space on the Site, through which a Company may create, alter or delete offers on sale of its goods and/or services on a discount.
  • 1.1.3 Terms and Conditions – these Terms and Conditions, all the amendments and supplements to them, and the Privacy Policy, which are the public offer under the applicable law.

1.2 Any other definitions and terms, not defined in this section, are used in these Terms and Conditions in accordance with general Nimses Terms and Conditions, or shall be understood in accordance with the applicable law.

2 DESCRIPTION OF THE SERVICE

2.1 These Terms and Conditions shall define the features of the use of the Service by the User and Company through the Site or Application, mutual rights and obligations of the User and Company, and rights and obligations of the Administration as to the Users and Companies.

2.2 Subject to a strict compliance with these Terms and Conditions, every User shall be entitled to perform the following acts by means of the Service:

  • - browse the offers of the Companies on the sales of their goods and/or services on a discount, in the section of the Application, called Nimses Goods;
  • - - accept the offers of the Companies through transferring to the account of the Company the particular amount of Nims, required for obtaining the discount on the goods and/or services of the Companies, and performance of other actions required for the purchase of the goods and/or services.

2.3 Subject to a strict compliance with these Terms and Conditions, every Company shall be entitled to perform the following acts by means of the Service:

  • - create, alter or delete offers on sale of its goods and/or services on a discount, through the Business-page on the Site;
  • - receive from the Users Nims in exchange for providing to the User the right to buy goods and/or service of the Company on a discount;
  • - transfer Nims to the personal Accounts of the Users, in particular to the Accounts of the founders, employees and contractors of the Company;
  • - use Nims as the fee for the advertising services within the Service and the Application.

2.4 When using the Service, Nims shall not be considered as the currency, electronic money or other form of money in the meaning of the relevant laws, and their value is not connected with any currency, exchange rate fluctuations, and inflation. Nims are exclusively virtual conventional units, which provide the Users with the opportunity to buy goods and/or services on a discount. The correlation between the Nims and national currencies is provided for informative purpose exclusively and is not a confirmation of the backing of the Nims by such currencies or any other property or property rights.

3. TERMS AND CONDITIONS FOR USERS

3.1 The User may use the Service through the Account in the Application exclusively.

3.2 Through the Service Functionality, the User has the right to:

  • - browse the offers in the section of the Application, called Nimses Goods. The list of the offers on sale of goods and/or services of the Company is formed depending on the geolocation of the User, his preferences and other factors;
  • - look through the offers of the Companies including, but not limited to: acknowledge the description of the goods and/or service of the Company directly, look through the Business- page of the Company, web-site of the Company and/or profiles in the social networks.

3.3 To order the selected goods and/or service of the Company on a discount, the User shall click the button «Buy» near the offer of the Company and receive the receipt, formed by the Service, with the unique code, required to obtain the goods and/or services of the Company. Together with the order the amount of Nims, required to obtain the right for the purchasing of goods and/or services of the Company on a discount, is automatically transferred from the personal Account of the User to the Account of the Company.

3.4 The receipt, formed by the Service is the confirmation of the right of the User to obtain the goods and/or services of the Company on a discount. Presenting the code, stated on the receipt, to the employee of the Company in the appropriate shop provides the User with the right to obtain the goods and/or the service of the Company on a discount, provided that the required amount of the Nims has actually been transferred to the Account of the Company, and other conditions, set out in the offer have been executed.

3.5 PAY ATTENTION: The period of validity of the receipt is limited and substitutes 24 hours upon the order performance. Presenting the code after the end of the validity period shall not provide the User with the right to obtain the goods and/or services of the Company on a discount.

4. TERMS AND CONDITIONS FOR THE COMPANIES

4.1 The Company may use the Service through the Business-page on the Site exclusively.

4.2 To register the Business-page of the Company one shall:

  • - specify the phone number, which is linked to the personal Account on the page of the Service and receive the code in the personal Account in the Application;
  • - complete the registration form, specifying all the required information for the creation of Business-page: name of the Company, contact information (phone number, web-site, contact person, address of the Company), the picture of the Company, and also the detailed description of the activity of the Company.

Through one personal Account, a few Business-pages may be created – provided that you are the founder or owner of a few Companies (e.g. the network of the institutions or shops).

4.3 By registering the Business-page, the Company confirms, that all the information, provided during registration is credible, accurate, actual and exhaustive; and the Company will keep up and promptly update the information, so that it remains credible, accurate, actual and exhaustive. Herewith the Administration reserves the right to request the documents and additional information about the activity of the Company for the verification of the credibility of the filed data and information.

4.4 Removal and blocking of the Business-page of the Company and all the information from the Business-page occurs in accordance with the Section 5 of the general Nimses Terms and Conditions.

4.5 On every registered Business-page the Company has the right to create, alter or delete the offers on the sale of its goods and/or services on a discount.

The offer on the sale of the goods and/or services of the Company shall include:

  • - description of the goods and/or services of the Company, including the picture;
  • - the amount of the available units of goods or services of the Company;
  • - the amount of Nims, required for the User to obtain the right to a discount;
  • - the rate of a discount (from 1 to 99,9 percents from the initial price of the goods or service);
  • - price of the goods and/or services of the Company taking into account the discount;
  • - the validity period of the offer.

The Company may specify in the offer on the sale of goods the additional conditions of the sale of goods/services, if they comply with paragraph 4.7 of these Terms and Conditions.

4.6 The Company guarantees, that (a) the content, downloaded on its Business-page does not infringe the copyrights, patents, trademarks, trade secrets and any other personal non- property or property rights of third persons; and (b) it has the right to sale and offer for sale the goods and/or services, described in the offer, and that such sale or offer do not infringe the rights of third persons.

It is forbidden to offer for sale any goods and/or services, as to which the restrictions, implemented under federal, regional or local legislation of any state or jurisdiction, are applied.

4.7 The Company also guarantees that all the information and content, which the Company downloads on its Business-page, is credible, accurate, exhaustive and legitimate. It is forbidden to place on the Business-page the content, which:

  • - is false or misleading for the Users;
  • - breaks the applicable law (including, but not limited to laws on protection of the consumer rights, unfair competition or deceptive advertisement), these Terms and Conditions or the general Nimses Terms and Conditions;
  • - contains direct or indirect references to any other sites, which contain any content, which may break these Terms and Conditions.

4.8 The Company agrees that the terms of use of the personal Accounts, foreseen by the general Nimses Terms and Conditions, are also applicable to the Business-pages of the Company. Accordingly, while using the Business-page and placing any content, the Company shall also follow the general Nimses Terms and Conditions.

4.9 Administration has the right, but not a duty, to moderate offers, which are placed by the Companies on their Business-pages. Accordingly, Administration has the right to block the publication on the Service of the offer, which contradicts these Terms and Conditions, general Nimses Terms and Conditions or the applicable law.

4.10 PAY ATTENTION: The offer on the sale of goods and/or services of the Company has the legal force of the public offer, namely accepting the offer obliges the Company to provide the goods and/or services of the Company to each User, which complies with the conditions of the offer.

4.11 Thus, each transfer by the User of the particular amount of Nims, required to obtain the goods and/or services of the Company on a discount, to the account of the Company is displayed in the respective section of the Business-page of the Company with the unique code of the transaction.

4.12 When the User, during the set period of time (1) has presented the unique code to the employee of the Company in the appropriate institution or shop, which coincides with the unique code of the transaction in the respective section of the Business-page of the Company; and (2) has executed all the other conditions, specified in the offer of the Company; the Company shall provide the goods and/or service of the Company on a discount.

5. DISCLAIMER FOR THE USERS AND COMPANIES

5.1 Each purchase of the goods and/or service is an agreement directly between the User and the Company, Administration shall not be liable for any damages, related to the purchase of the goods and/or services of the Companies, offers on sale of which, have been placed through the Service. In particular, Administration shall not control and shall not be liable for the quality, safety, legality and availability of the goods and/or services, offered on sale through the Service, capability of the Companies to provide the goods and/or service in exchange for Nims, or the capability of the Users to pay for the goods and/or service of the Company and end the purchase.

5.2 The Users confirm that they fully take the risk of any damages, related to the execution of the sale agreements and the further use of the goods and/or services of the Companies. Such risks include, but are not limited to, non-providing of goods and/or services, fraudulent schemes, unsatisfactory quality, non-fulfillment of the technical characteristics, defective or hazardous products, illegal products, violation of the guarantee. The Users agree, that Administration shall not be liable for any damages, inconveniences, costs, which may occur in result of or due to the risks, set out above.

5.3 If the disputable situation concerning the sales agreement between the User and the Company occurs, Users and Companies oblige to relieve Administration (its agents, affiliates, directors, officials, and employees) from all the claims, demands, costs and damages, which occur due to the sales agreement between the User and the Company.

5.4 Administration shall not be liable for any damages, inflicted to any person in the result of the use of the Service, its software or content. Any downloading of the materials from or on the Service is performed by the Users and Companies at their own risk, the User and Company take full responsibility for any damages, inflicted to any computer system or for the loss of the data, which is a consequence of the use of the Service, and also any damages, which are the consequence of the false display of the actual information on the Service.

5.5 The User agrees that the published information on Business-pages may contain inaccuracies and typing mistakes. Administration shall not be liable for the content, placed by the Companies, including, but not limited to the inaccuracies in the offers of the Companies (photos, general descriptions of the goods and/or services, the amount of Nims, which provide the right to discount, prices of the goods and/or services).

6. LIABILITY OF ADMINISTARATION

6.1 Service, its software and all the content, contained on the Service, are provided by principles «as is» and «as available». Administration does not provide any direct and indirect guarantees, in particular concerning the applicability and convenience of the use of the Service, its software or any content, accessed through the Service.

6.2 Administration makes efforts for the ensuring the uninterrupted operation of the Service. However, Administration is not liable for the temporary unavailability of the Service because of the technical malfunctions, which are resulted from the circumstances, undependable on Administration.

6.3 Administration takes measures to prevent the appearing of the fake Accounts of Users and Business-pages on the Service, and invalid or unlawful offers, but does not guarantee the effectiveness of such measures.

6.4 Other provisions concerning the liability of Administration are contained in the Section 7 of the general Nimses Terms and Conditions.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All the components of the Service, as a whole, belong to Administration on the license and are protected under the laws on intellectual property rights protection, in accordance with the provisions of applicable law. All rights reserved.

7.2 The User confirms and agrees, that all the content, materials (objects), available on the Site are protected under, including but not limited to copyright, patents, trademarks, trade secret. Reproduction, copying or distribution of any objects without the written consent of Administration is strictly forbidden. For the infringement of the intellectual property rights the liability is incurred in accordance with the Section 8 of the general Nimses Terms and Conditions.

7.3 Administration does not gain the rights on the objects of the intellectual property of the Companies, placed on their Business-pages, including, but not limited to trademarks, logos, any pictures, slogans, marketing texts, and other textual or graphic objects of the Companies. Herewith, the Companies, placing the content, containing the intellectual property on their Business-pages, give the permission to Administration for the use of such objects within Nimses Goods, in particular, with the aim to promote the Service and its components, enhancing of the Users to use the Service and Nimses Goods. Such permission includes, but is not limited to use of the objects of intellectual property through mailing (email, push etc.) video-, audio-content, which is created to the order of Administration and placed beyond the Service.

8. APPLICABLE LAW AND DISPUTES RESOLUTION

8.1 All the disputes between the User or Company, on the one part, and Administration, on the other part, during the execution of these Terms and Conditions shall be resolved by negotiations.

8.2 If the Parties fail to agree in negotiations within 30 (thirty) calendar days from the date of their beginning, the dispute shall be considered and settled by the competent court under the applicable law.

8.3 The applicable law for the purposes of these Terms and Conditions, and also legal relations, which appear as to their execution and termination, is the law of Delaware, USA.

9. FINAL PROVISIONS

9.1 Administration reserves the right to amend, supplement and delete the provisions of the Terms and Conditions at any time.

9.2 The new version of the Terms and Conditions shall come into force at the moment it is placed on the Site or in the Application, unless other specified in the new version of the Terms and Conditions. The date of the last amendments will be specified in the respective field «Last modified on».

9.3 The User or the Company may terminate the validity of the Terms and Conditions any moment by quitting the use of Service and obtaining of the Services of Administration.

9.4 Administration may terminate the validity of the Terms and Conditions, previously notifying it to the Users or Companies by sending a message on the e-mail address, which the Users or Companies specify during registration. Termination of the validity of the general Nimses Terms and Conditions also means termination of validity of these Terms and Conditions.