Terms & Conditions
1. Description of Service
Nisa Retail Limited currently provides its users with a number of on-line solutions, including, communications means, online forums and bulletin boards, deals systems , ‘click to create’ (C2C) websites and news content. Unless explicitly stated otherwise, new features that enhance the current Service shall be subject to the Terms and Conditions. You acknowledge and agree that the Service is provided “AS IS” and that Nisa Retail Limited assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2. Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify Nisa Retail Limited of any unauthorised use of your password or account and any other breach of security, and
- ensure that you exit from your account at the end of each session. Nisa Retail Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Member Conduct
You acknowledge that all information, data, text, software, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Nisa Retail Limited are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Nisa Retail Limited does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Nisa Retail Limited be liable in any way for any Content, including 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Nisa Retail Limited official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange; “stalk” or otherwise harass another;
- or collect or store personal data about other users.
You acknowledge that Nisa Retail Limited does not pre-screen Content, but that Nisa Retail Limited shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Nisa Retail Limited shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Nisa Retail Limited reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
You agree to indemnify and hold Nisa Retail Limited and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditoins, or your violation of any rights of another.
5. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. General Practices Regarding Use and Storage
You acknowledge that Nisa Retail Limited may establish general practices and limits concerning use of the Service, including the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Nisa Retail Limited servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Nisa Retail Limited has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Nisa Retail Limited reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Nisa Retail Limited reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. Modifications to Service
Nisa Retail Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nisa Retail Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Nisa Retail Limited in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Nisa Retail Limited believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Nisa Retail Limited may at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Nisa Retail Limited may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Nisa Retail Limited shall not be liable to you or any third-party for any termination of your access to the Service.
You expressly acknowledge and agree that:
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, nisa retail limited expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Nisa retail limited makes no warranty or representation that:
- The service will meet your requirements,
- The service will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the service will be accurate or reliable,
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- Any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from nisa retail limited or through or from the service shall create any warranty or other obligation not expressly stated in the terms and conditions.
10. Limitation of Liability
You expressly acknowledge and agree that nisa retail limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or the inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service; or
- Any other matter relating to the service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service.
12. General Information
These Terms and Conditions constitute the entire agreement between you and Nisa Retail Limited and govern your use of the Service, superseding any prior agreements between you and Nisa Retail Limited. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditons and the relationship between you and Nisa Retail Limited shall be governed by the laws of England. You and Nisa Retail Limited agree to submit to the exclusive jurisdiction of the English courts. Any failure by Nisa Retail Limited to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any violations of the Terms and Conditions to Nisa Retail Limited via post or e-mail at firstname.lastname@example.org.
14. Referring A New Member
As per the conditions of the Nisa ‘Refer A Store’ scheme; please see the conditions that must be met in order to be eligible to participate in this scheme:
- The referral is valid after the first minimum accepted order is accepted through CDS. (Please note no applications will be accepted if three months have passed since the new member’s first minimum accepted order placed).
- Each claim (A single store may make a maximum of 1 referral every 30 days) will only be accepted upon full completion of this application form and approval by Nisa.
- Valid claims only - no duplications, photocopies or emails will be accepted.
- Any duplicate claims will be confirmed with the retail development manager and paid/declined on their confirmation of referral.
- Successful applications will receive a credit to their account approximately 30 days after receipt of the application and order placement.
- A minimum of 3 months trading must have been completed by the referring store to qualify for this reward.
Any referring stores who do not comply with the above requirements will not be eligible to receive any reward.