Disclaimer Policy – NABAY.COM
This disclaimer policy (the “Policy”) is binding upon all users of the Services (defined below) and forms a legally binding contract between each user of the Services and Nabay.com FZ LLC (“Nabay.com” together with “we”, “us” and “our”). The terms “user” and “you” as used in this Policy includes any and all persons accessing our website and mobile apps and all other services offered by us or otherwise offered on or through our website (cumulatively referred to as the “Services”). In this policy, any reference to the website shall include the Nabay.com Mobile Apps. By using any of our Services, including browsing our website, you agree to be bound by the terms of this Policy.
- The user grants Nabay.com a non-exclusive, worldwide, royalty free, irrevocable, perpetual license to display, reproduce, host and store of any content, including photographs, images, graphics, documents and video links, posted by any user on Nabay.com (hereinafter referred to as the “Content”). The user agrees not to assert any moral rights or rights of publicity against Nabay.com for using the Content and recognizes Nabay.com’s legitimate interest in using the Content in accordance with the license granted herein, to the extent that the Content contains any personal information.
- In the event that the Content infringes any third party’s intellectual property, such Content will be removed forthwith, and the user posting such Content shall be liable and shall at its sole expense, protect, defend, release, indemnify and hold harmless (cumulatively referred to as "Indemnify") Nabay.com in respect of any claims, suits, liabilities, actions, proceedings, obligations, debts, damages, losses, Costs, expenses, fines, penalties, charges, fees, judgments, awards, and amounts paid in settlement of whatever kind including attorneys' fees (both in-house staff and retained attorneys) and all other costs of defense (cumulatively referred to as “Losses”) imposed on, incurred by, or asserted against Nabay.com, directly or indirectly, arising out of or in connection with such Content.
- Nabay.com does not produce, manufacture, store or inspect any of the items sold/bartered through our Services. Nabay.com provides the marketplace to sell, host and barter products but all items in our marketplace are produced, listed, stored and sold directly by independent sellers or offered for exchange by independent barterers, who are not in any way affiliated with Nabay.com beyond listing their items on our website. As such, Nabay.com makes no warranty of any kind with respect to the products listed on our website, including but not limited to, warranties with respect to the quality, safety, fitness for purpose, merchantability etc. Any claims made in respect of any items listed on our website should be directed to the seller of such product. You hereby release Nabay.com from any and all claims arising from or related to any items sold or advertised through our Services, including but not limited to, claims for defective items, misrepresentation by the sellers or any death or injury caused by the items.
- Nabay.com makes no representations or warranties with respect to any of the Content posted by users through the Services. Nabay.com is not responsible for the accuracy, intellectual property compliance, legality or decency of the Content posted by users that is accessed through the Services. You release Nabay.com from any and all liability arising from or in connection with any such Content.
- Nabay.com does not screen any of the individual users using its Services, and all users of the Services hereby release Nabay.com from any and all liability arising from or in connection with their interactions with other users of the Services.
- The Services may contain links to third party websites or other services not within Nabay.com’s control. Users may also need to use a third party’s product or service in order to use some of our Services. When you access third party platforms or services, you do so at your sole risk and Nabay.com is released from any and all liability arising from or in connection with the use of such third party platforms or services.
- All Services provided by Nabay.com are provided on an as-is basis and without any warranty, whether express or implied. Nabay.com expressly disclaims any warranties as to title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties that may be implied by a course of performance, course of dealing, or during the course of trade.
- Nabay.com does not guarantee that the Services shall be secure or available at any time or location; that the Services shall be free from any viruses or any harmful applications or materials; that the Services shall be free from any defects and errors and that such errors or defects shall be corrected or rectified; or that the Services shall perform a specific function. Nabay.com does not guarantee that the Services and the website will be available on all browsers and operating systems (both PC and mobile).
- All users using the Services do so at their own risk and shall be solely liable for all costs and consequences arising from or in connection with the use of the Services.
- To the fullest extent permissible by law, neither Nabay.com nor its employees, officers, directors or agents shall be liable to you for any loss of profit or revenue, consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or this Policy.
- You shall be responsible to Indemnify Nabay.com against any and all Losses arising from your actions, your use or misuse of the Services, breach of this Policy or any other policies and terms and conditions implemented by Nabay.com from time to time, or your infringement of a third party’s rights.
- Whenever the user is required to indemnify Nabay.com under the terms of this Policy, Nabay.com shall have the right to appoint its own attorneys and manage its own defense, regardless of the fact that the user is responsible for incurring all expenses in connection with such defense.
- This Policy is governed by the laws and regulations of Dubai, United Arab Emirates. All disputes arising in connection with this Policy shall be finally resolved by the courts of Dubai, United Arab Emirates.
- In the event that any part of this Policy is found to be unenforceable, such part shall be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Nabay.com’s failure to enforce any part of the Policy does not waive its right to later enforce such terms.
- Nabay.com retains the right to assign any of its rights and obligations under the Policy.