WELCOME TO THE NOUQOUSH WEBSITE
Questions or comments about the Site or its contents should be directed to [email protected].
1.INCORPORATED POLICIES OR TERMS
1.2 TERMS OF SALE.
All orders placed via the Site are governed by Nouqoush’s Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Nouqoush’s sole discretion so you should review the Terms of Sale each time you make a purchase.
2.YOUR MEMBERSHIP ACCOUNT OBLIGATIONS
( FOR DESIGNERS AND DECORATORS )
Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator’s behalf. At any time, an Administrator may change an Authorized User’s personal password to prevent his or her access to the Site, limit the Authorized User’s authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User’s access to the Site.
You will receive a password and account designation when you have completed the Membership Account information. If you are the Administrator of your Membership Account, in consideration of your use of the Site, you agree:
- to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;
- that you represent and warrant that you have the capacity and authority to execute agreements and place orders for Nouqoush products and services on behalf of you or your company;
- that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
- that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
- that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Membership Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you;
- to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and that you are fully responsible for managing your Membership Account, including but not limited to:
- maintaining the confidentiality of passwords and/or any Membership Account information;
- maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
- ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and terminate or limit any Authorized User’s access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Nouqoush logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of Nouqoush, ALL RIGHTS RESERVED Copyright © 2021 Nouqoush, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nouqoush or the respective copyright owner.
Nouqoush, the Nouqoush logo, and the products and services described in this Site, including without limitation, “Nouqoush”, are either trademarks, service marks or registered trademarks of Nouqoush and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nouqoush or its suppliers or licensors.
5.USE OF SITE
Nouqoush grants you a limited license to use this Site, to make legitimate orders and purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.
This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Nouqoush , except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Nouqoush or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
6.AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
8.DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY NOUQOUSH TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE.
NOUQOUSH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
9.LIMITATION OF LIABILITY
YOU AGREE THAT NOUQOUSH, SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOUQOUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The relationship between Nouqoush and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
This Agreement and its performance shall be governed by the laws of Dubai, United Arab Emirates without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Dubai, in the Emirates of Dubai, United Arab Emirates, in all disputes arising out of or relating to the use of this Site and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.