1. Introduction
This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively "Services") set out the terms on which NowNowSales offers you access to and use of our Services. By accessing or using our Services, you agree to comply with all terms of this User Agreement.
The entity you are contracting with is NowNowSales, Inc. In this User Agreement, "NowNowSales," "we," or "us" refer to NowNowSales, Inc. and its affiliates.
Please be advised that this User Agreement contains provisions that govern how claims you and I have against each other are resolved. It includes an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out.
2. About NowNowSales
NowNowSales is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using various pricing formats. NowNowSales is not a party to contracts for sale between third-party sellers and buyers, nor is NowNowSales a traditional auctioneer.
Any guidance NowNowSales provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may use artificial intelligence or AI-powered tools to provide and improve our Services, offer a customized and personalized experience, and support fraud detection. However, the availability and accuracy of these tools are not guaranteed.
We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, NowNowSales has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item.
3. Using NowNowSales
In connection with using or accessing our Services, you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations. You will not:
· Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status.
· Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old).
· Fail to pay for items purchased by you, unless you have a valid reason.
· Fail to deliver items sold by you, unless you have a valid reason.
· Manipulate the price of any item or interfere with any other user's listings.
· Take any action that may undermine the feedback or ratings systems.
· Transfer your NowNowSales account and user ID to another party without our consent.
· Share your login credentials with any third parties. Use Multi-User Account Access if needed.
· Create listings or provide us with content in inappropriate categories or areas of our sites.
· Engage in gambling.
· Provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libellous, illegal, inappropriate, harmful, or violates others' rights.
· Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
· Distribute viruses or other technologies that may harm NowNowSales or the interests or property of users.
· Use any robot, spider, scraper, data mining tools, or other automated means to access our Services for any purpose, except with prior express permission from NowNowSales.
· Circumvent any technical measures used to provide our Services.
· Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure.
· Export or re-export any NowNowSales application or tool, except in compliance with the export control laws, rules, and policies of any relevant jurisdictions.
· Infringe the intellectual property rights of NowNowSales or third parties.
· Commercialize any NowNowSales application or any information, data, or software associated with such application, except with prior express permission from NowNowSales.
· Harvest or otherwise collect or use information about users without their consent.
Sellers must meet NowNowSales' minimum performance standards. Failure to meet these standards may result in additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are violating this User Agreement or any of our policies, or abusing NowNowSales and/or our Services in any way, we may limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, and take technical and/or legal steps to prevent you from using our Services. We may also offer a process for users to report claimed violations for us to consider and handle.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial time. We reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for both buyers and sellers.
5. Fees and Taxes
We charge sellers for the use of our Services. The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the NowNowSales site fourteen (14) days in advance.
If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of NowNowSales. You must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date.
6. Listing Conditions
When listing an item for sale on our Services, you agree to comply with NowNowSales' Listing policies and Selling practices policy and also agree that:
· You assume full responsibility for the item offered and the accuracy and content of the listing.
· Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
· Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time.
· The content you provide complies with all of our listing policies.
· Content that violates any of NowNowSales' policies may be modified, obfuscated, or deleted at NowNowSales' sole discretion.
· We may revise listings to supplement, remove, or correct information.
· The appearance or placement of listings in search and browse results will depend on various factors.
· Some advanced listing upgrades will only be visible on some of our Services.
· NowNowSales' Duplicate listings policy may also affect whether your listing appears in search results.
· Metatags and URL links that are included in a listing may be removed or altered.
· We may provide you with optional information to consider when creating your listings.
· For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, NowNowSales may require the use of certain payment methods.
· You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency.
· NowNowSales may publish and promote your listings, including related content such as usernames, product reviews, and feedback.
· Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements in any part of our Services.
7. Purchase Conditions
When buying an item using our Services, you agree to the Rules and policies for buyers and that:
· You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy.
· You enter into a legally binding contract to purchase an item when you buy the item, commit to buying the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted.
· For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest.
· We do not transfer legal ownership of items from the seller to you.
8. International Buying and Selling; Translation
Listings may be viewed and purchased by, and shipped to, buyers around the world. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
For sellers, we may display your listing for sale on a NowNowSales site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings in your account preferences.
You authorize us to use automated tools to translate your NowNowSales content, including member-to-member communications, into local languages. The accuracy and availability of any translation are not guaranteed.
One way we make NowNowSales.com listings available to international buyers is through the NowNowSales International Shipping Program (NIS). NIS enables buyers to obtain parcel processing, international shipping, and customs clearance services. By listing your item on NowNowSales.com you agree to the NIS Terms and Conditions.
9. Content
When you provide content using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that the use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party.
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that NowNowSales is not responsible for examining or warranting the listings or content provided by third parties through our Services and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name "NowNowSales" and other NowNowSales marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of NowNowSales in the U.S. and other countries. They may not be used without the express written prior permission of NowNowSales.
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement according to section 251 (1)(f) of the Nigerian constitution
We respond to notices of alleged copyright infringement under the Constitution of the Federal Republic of Nigeria 1999 (as amended 2011), exclusively to the Federal High Court. NowNowSales' Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate.
11. Holds and Restricted Funds
To protect NowNowSales from the risk of liability for your actions as a seller, NowNowSales Payments Entities may restrict access to your funds as described in the Payments Terms of Use.
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
NowNowSales may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
NowNowSales may also contact you using autodialed or prerecorded calls and text messages for marketing purposes if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice.
NowNowSales' automated systems scan and analyze the contents of every message sent through its messaging platforms (including but not limited to chat and email channels), including messages between users, to detect and prevent fraudulent activity or violations of NowNowSales' User Agreement and to provide and improve our Services.
13. Additional Terms
l Returns and cancellations for sellers: Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, NowNowSales will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings.
When an item is returned or if a transaction is cancelled after payment has been completed, NowNowSales may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund. Additionally, NowNowSales may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers.
l Returns and cancellations for buyers: Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on NowNowSales within the period and as provided in our Order cancellation policy, and the seller will have 3 days to accept or decline the request. If the order cannot be cancelled, buyers may still be permitted to return the item if the item is eligible for return.
14. Payment Services
Payments for goods and services sold using our Services are facilitated by designated NowNowSales entities (each, a "NowNowSales Payment Entity") under the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to NowNowSales Payment Entities information about you, your business, and the financial account you will use to receive payments.
15. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk and that they are being provided to you on an "as is" and "as available" basis.
16. Release
If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17. Indemnity
You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
18. Legal Disputes
Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and NowNowSales have against each other are resolved.
l Applicable Law: You agree that except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and NowNowSales, except as otherwise stated in this User Agreement.
l Agreement to Arbitrate: You and NowNowSales each agree that all disputes or claims that have arisen, or may arise, between you and NowNowSales (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of NowNowSales or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.
l Prohibition of Class and Representative Actions and Non-Individualized Relief: You and NowNowSales agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding.
l Arbitration Procedures: The arbitration will be administered by the Nigerian Institute of Chattered Arbitrators (NICA) under its rules and procedures, including the NICA's Consumer Arbitration Rules the NICA's Commercial Arbitration Rules, and the NICA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate.
l Severability: Except for any of the provisions in the Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
l Opt-Out Procedure: If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice no later than 30 days after the date you accept the User Agreement for the first time.
l Future Amendments to the Agreement to Arbitrate: Any amendment to this Agreement to Arbitrate shall not apply to any claim that was filed in a legal proceeding against NowNowSales before the effective date of the amendment.
l Judicial Forum for Legal Disputes: If the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute between you and NowNowSales will be resolved exclusively by a state or federal court located in Salt Lake County, Utah.
19. General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may amend this User Agreement at any time by posting the amended terms on NowNowSales.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you with 30 days' notice by posting the amended terms. Additionally, we will notify you through the NowNowSales Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms.
