TERMS
OF USE
Welcome to https://nadyagraphics.com (“Nadya
Graphics”).
Effective
Date: (January 2021)
SECTION
(1): INTRTODUCTION
1)
OVERVIEW
1.1.
You shall find below the terms of use (“TERMS”)
relevant to your surfing the Website https://nadyagraphics.com (“Nadya
Graphics”, “Site”), and using its services, all pages, links,
tools and other relevant features.
1.2.
These Terms of Use, together with Privacy
Policy and other terms, set out the rules for using Nadya
Graphics Site,
whether as a Visitor or a registered user. So please read them carefully to
ensure that you understand each provision before using the Site as it affects
your legal rights.
1.3.
Any modifications and new features added
to the service are also subject to these terms.
1.4.
Please check this page regularly to
determine whether these terms have been updated, any new terms will
automatically be effective when they are published on Nadya
Graphics Site. You
acknowledge our right to:
1.4.1.
Amend or change these terms and conditions.
1.4.2.
Refuse any user access to the Site.
1.4.3.
Terminate the offending user accounts.
1.4.4.
Modify or withdraw the Site temporarily or
permanently without your
notice.
2)
ABOUT US
Nadya Graphics is a
specializing site in design of cards and videos (for example wedding and event
cards, Newborn cards, Scrolls and A slogan), where allows the customer to
purchase one of the ready-made designs on the site, or order a special design
with specific data and content by communicating with the administration via
e-mail or Whatsapp shown on the website, the card is sent to the customer
within 8 days Work on Whatsapp or email, and the payment is prepaid.
3)
LEGAL NATURE OF TERMS
3.1.
These terms shall a valid contract satisfying
the legal elements and shall be effective against all parties, its provisions
shall be binding on all of them and neither party may derogate from it or
terminate it since it has resulted in its legal effects.
3.2.
By using the services or registering an
account on the Site, you confirm that you have read, understood and accept to
these terms and conditions in their entirety, you shall be considered to have
implemented these terms and policies online and shall be legally enforceable
for you just as if you had signed them writing, please check this page
regularly to determine whether our terms and conditions have been updated, any
new terms will automatically be effective when they are published on Nadya
Graphics Site.
SECTION
(2): ACCESSING AND USING THE WEBSITE
Your right to access and use the service is a personal,
and is not transferable by you to any other person or entity, and subject to
the conditions set forth in this clause.
1)
ACCESS TO THE SITE
1.1. You are responsible for obtaining all hardware, software and other
equipment needed for access to and use Nadya Graphics Site, and all related expenses, including internet connection fees.
1.2.
You
agree to comply with any, and all guidelines, notices, rules, operating
policies, and instructions regarding the use of the services and/or access to
the Site, we reserve the right
to review it at any time, and you are aware of any changes to the foregoing
when posted on the Site.
2)
LICENSES
We
grant you a non-exclusive, non-sublicensable,
non-transferable, and fully revocable license to:
2.1.
Access
to the Site and use the
services for your personal purposes.
2.2.
Access
and use any content, information or related materials that may be made
available through the services, solely for your personal, noncommercial use,
any rights not expressly granted herein are reserved by Nadya Graphics Site and its licensors.
The rights granted to you in these terms are subject to the
following restrictions:
3.1.
You
shall not license, sell, rent, transfer, assign, distribute, host, or otherwise
commercially exploit the service.
3.2.
You
shall not modify, translate, adapt, merge, disassemble or make derivative works
of any part of the Site.
3.3.
You
shall not access the service in order to build similar or competitive services.
3.4.
You
shall not copy, reproduce, distribute, republish, download, display, post or
transmit the service in any form or by any means.
3.5.
You
shall not remove or ravage any copyright or other property marks contained in
the Site.
SECTION
(3): THE ACCOUNT
1)
ELIGIBILITY
By
using our service, you represent and warrant to us that:
1.1.
You
are at 18 years of age or older or possess legal parental or guardian consent,
and you are the fully able to enter into these terms with us set forth herein.
1.2.
You
have not previously been suspended or removed from the service.
1.3.
Your
account registration and your use of the service are in compliance with all
applicable laws and regulations.
2)
REGISTER AN ACCOUNT
2.1.
In
order to use most aspects of the services, you must register an active personal
account (“The Account”). You agree:
2.1.1.
Comply with all applicable laws and
regulations, any notices sent through the Site regarding your use of
services.
2.1.2.
Provide current, accurate and complete
information, and commit to
update it promptly if any of it changes.
2.1.3.
Keep the confidentiality of the account, and
accept responsibility for all activities that occur under your account or
password.
2.2.
You
shall not transfer your account or your account login/password to any other
person.
2.3.
You
shall not use the account for any fraudulent or improper purpose.
2.4.
You
shall notify us immediately by means of
communication available in the Site of any unauthorized use of the account or
the Site.
2.5.
Nadya Graphics Site reserves the right to refuse or cancel any person’s
registration, and prohibit any person from using this Site for any reason whatsoever, at any time without notice.
2.6.
Nadya Graphics Site may terminate your membership and refuse any/ and all
current or future uses in the following cases:
2.6.1.
If you provide any untrue, outdated or
incomplete information.
2.6.2.
If you are using your account in a manner
not permitted under these terms.
2.6.3.
In order to comply with applicable Laws.
2.6.4.
In any other circumstances appropriate at our
sole discretion.
SECTION
(4): PAYMENT TERMS
1)
The customer shall pay the prices of the
designs in advance, whether he purchases them from the site or that ordered
them by a special order.
2)
All design prices are in the local
currency (AED).
3)
We provide payment through: Visa – PayPal – Bank Transfer with attaching the receipt.
4)
You
authorize Nadya Graphics and its third party payment
processors to charge all sums for your orders.
5)
All
transactions made through credit cards are due with immediate effect on the Site.
6)
We
do not store credit cards numbers on our systems. Your payment details are
protected before being transmitted using the latest electronic protection that
follows the highest safety standards.
7)
We assume no liability in the event of the
customer error in the payment
process, nor does it take any responsibility because of piracy or fraud process
on the cards used on the Internet.
8)
The
customer must make sure that the information about the credit card
you are using in the payment is correct, accurate and valid before you complete
the payment process.
SECTION
(5): CODE OF CONDUCT
You agree not to do any of the
following:
1)
Use
the Site, services, or content for
any commercial or non-personal purpose or for any purpose that is illegal,
unlawful or prohibited by the terms of use, laws, public morals or
guidelines as made available by Nadya
Graphics Site.
2)
Access,
monitor, reproduce, distribute, transmit, broadcast, display, sell, license,
copy or otherwise exploit any Content of the Services, including but not
limited to, user profiles and photos, using any robot, spider, other automated
means or any manual process for any purpose not in accordance with this terms
or without our express written permission.
3)
Circumvent,
disable or otherwise interfere with security-related features of the Services
or features that prevent or restrict use or copying of any Content.
4)
Download
any Content unless it’s expressly made available for download by Nadya Graphics Site.
5)
Restrict
or inhibit any user from using the Site, or impersonate of Nadya Graphics Site or any other user.
6)
Upload
or attach files that contain software or other material protected by
intellectual property laws unless the user owns the rights thereto or has
received all necessary consents.
7)
Tampering
with data and information, and attempting to modify or destroy any security or
documentary procedures.
8)
Broadcast
any unauthorized promotional materials, Publish unwanted emails (spam) or messages that
support any illegal activities.
9)
Post,
distribute or disseminate any defamatory, infringing, obscene or unlawful
material or information, or
post any racist comments, contain profanity, abuse another user, disrespect
another's culture or make any other derogatory or inappropriate comments.
10)
Post, transmit or insert of
any material containing viruses or other harmful software or any malicious
code, files or other software designed to damage or interfere with the normal
operation of the service (or any part thereof), or any other software or
computer hardware.
11)
Modify, copy, adapt, translate, extract
the source code or reverse engineer any part of the Site, make any derivative
versions of the Site or re-format or frame any portion of the pages comprising
the Site, save to the extent expressly permitted in these terms or by
law.
12)
Manipulate or attempt to manipulate the Site in any way including the
prices either alone or in conjunction with other users.
13)
Causing any damages to the service, the Site or trademarks in any
way.
14)
Attempting to gain unauthorized access to
the Site or any networks, servers or computer systems connected to the Site.
15)
Transfer your account and username to
another party without our consent.
16)
Violation of any trademarks, copyright or other proprietary rights of any
party, or content that you do not have a right to make available under any law
or under contractual relationships.
SECTION (6): INTELLECTUAL PROPERTY RIGHTS
1)
Unless otherwise indicated, the website https://nadyagraphics.com and all names, texts,
graphics, website designs, logos, button icons, images, audio clips, video,
digital downloads, documents, data compilations, software, programming rights
and other symbols on the Site (collectively, the “Content”) are owned by
Nadya Graphics or
controlled by it or licensed to it, and are protected by copyright and
trademark laws and various other intellectual property rights and international
copyright laws.
2)
We reserve all rights in and to the service
and all hardware, software and other items used to provide the service, other
than the rights explicitly granted to you to use the service in accordance with
these terms. No ownership of any proprietary rights related to the service is
transferred to you pursuant to these terms; all rights not explicitly granted
to you are reserved by Nadya Graphics.
3)
The pictures, logos, words, header of pages, icon
buttons and service names on the Site or related to the Site (collectively “Trademarks”)
are the property of Nadya Graphics, Any third-party names, trademarks, and service
marks appearing on our Service are property of their respective owners.
4)
You may not use any of these trademarks,
or any variations thereof, for promotional purposes, in any way that
deliberately or inadvertently.
5)
Nothing contained on the Site should be
construed as granting any license or right to use any trademark without the
prior written permission of the party that owns the trademark.
SECTION (7): LEGAL LIABILITY
1)
You confirm that all information and
details provided by you are true, accurate and up to date including payment for purchase information for designs.
2)
You are responsible for the content and
data for the designs you order.
3)
You agree to:
3.1.
Pay any amounts deserved by Nadya
Graphics Site for purachases.
3.2.
Comply with the
restrictions on your use of the Site as set out in these terms.
3.3.
Your
use of the Site is at your sole risk.
3.4.
Nadya
Graphics Site is not responsible for any data breach due to hackers
attack.
3.5.
Nadya
Graphics Site has the right to suspend the service
for indefinite periods of time or cancel the service at any time, without
notifying you.
4)
You
agree to assume full responsibility for your use of the Site and agree that any
information you send or receive during your use of Nadya Graphics Site may not
be secured and may be intercepted or otherwise accessed by unauthorized
parties.
5)
You
agree to compensate us for any loss or damage caused by non-compliance with
these terms and conditions or because you violated these terms and conditions,
and you must bear the costs and expenses of any direct and indirect claims.
SECTION (8): DISCLAIMER
1)
unless
expressly provided herein, to the fullest extent permitted by law, Nadya
Graphics'
website does not make no warranties or
representations of any kind whether express or implied
regarding the Site
or services available, any materials provided on the website https://nadyagraphics.com to you based on “as is” and “as available”.
2)
We
make no warranty to:
2.1.
Your access to the website and use of
service.
2.2.
The services will meet your requirements.
2.3.
The services will be available in a timely
manner without interruption, or will be secure, or error-free.
3)
We
are not liable for any losses or damages, (including direct,
indirect, consequential or incidental) in connection with any use of the Site or arising from the Site including without
limitation:
3.1.
Any content or information that you
provide upon order a special design.
3.2.
Any matters beyond our control, including
without limitation the incorrectness or incompleteness of input data and
information provided on other party websites that may be linked to the Site, directly or indirectly.
4)
Nadya
Graphics Site makes no representations
or warranties about the accuracy, reliability, or completeness of any content,
information, software, text, graphics, links or communications provided on or
through the use of the Site or that the Site will be error free.
5)
We
shall not be liable for any links to third-party websites accessible from the Site, or for any instructions provided therein or the content to
such websites.
6)
This
disclaimer constitutes an essential part of these terms of use.
SECTION (9): SERVICE
OBJECTIONS
1)
INTERRUPTION OF SERVICE
We strive to do our best ability to ensure that
the service is available for use, but we do not be liable for any possible interruptions in the
service from time to time for any of reasons, including, without limitation, malfunction
of equipment, periodic updating, maintenance or repair of our Service or other
actions that we may elect to take, in our sole discretion, and you agree that
we will not be liable to you or to any third party for any interruption of the
Service or any part thereof.
2)
VIRUSES
2.1.
We do not warrant or guarantee that the Site or servers will be
secure, free from bugs or viruses, or any Email sent from the Site is free of viruses or
other harmful components. You should use your own virus protection software.
2.2.
You must not misuse the Site by knowingly introducing
viruses or other material which is malicious or technologically harmful, and
must not attempt to gain unauthorized access to the Site, the server on which the
Site is
stored or any server, or database connected to the Site.
2.3.
We will not be responsible for any losses
or damages caused by viruses or other technologically harmful materials that
may infect your devices and computer programs, data or other proprietary
material due to your use of the Site or to your downloading
of any content on it, or on any website linked to it.
3)
SECURITY
3.1.
You agree to provide security for Nadya
Graphics Site and its affiliates and to protect them from any damage that may catch up
with them as a result of any claims, losses, failures, costs and expenses
caused by a violation of the terms of use, or your violation of any related
law.
3.2.
You must take all reasonable care measures
to ensure that your email is safe and not used by anyone else, as your email is
used to reset your account password and send designs, we may use it to
communicate with you regarding your account security.
SECTION (10): COMMUNICATIONS
AND PUBLICITY
1)
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
1.1.
We may send to you notices by e-mail or
posting them on the Site regarding legal disclosures such as future changes to these
terms, privacy policy, other notices, legal communications or disclosures and
information related to services. You agree that all notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
1.2.
Your email address is used to send you
information about our services or new offers unless you opt-out of such emails
using the opt-out link in the emails.
1.3.
Nadya Graphics Site may provide
notifications to you as required by law or for marketing or other purposes at
its discretion to the email address you have provided and/or registered with on
the Site.
2)
PUBLICITY AND ANNOUNCEMENT
2.1.
Your affiliation to the website automatically entitles you to receive messages, special and
promotional offers, or newsletters from Nadya Graphics Site. These messages are used
to inform you of any new changes, features or offers added that we believe may
be of interest to you. If you decide at any time not to receive these
promotional messages, you may opt-out of receiving these messages by emailing
us.
2.2.
The promotional or marketing offers that Nadya
Graphics Site may make are temporary,
as Nadya Graphics Site has the right to modify or discontinue these promotions or
promotions at any time.
SECTION (11): OTHER
PARTIES LINKS
1)
The website https://nadyagraphics.com and services may contain
hyperlinks to websites operated by third-parties. Therefore, Nadya
Graphics Site makes no guarantee or
warranty of any kind with respect to these websites for their contents or the
privacy or other practices.
2)
You agree that, when linking to or
otherwise using these websites, you are responsible for:
2.1.
Taking precautions as necessary to protect
you and your devices from viruses and other harmful content.
2.2.
Any downloading, use or purchase of
material that are unlawful, or that contains technical inaccuracies,
typographical mistakes and other errors.
2.3.
Any downloading, use or purchase of
material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights of third parties, or that is
subject to additional terms and conditions, stated or unstated.
2.4.
Any financial charges or other liabilities
to third parties resulting from transactions or other activities on these
websites.
2.5.
Reading and understanding any terms or
policies that applies to those third-party websites.
SECTION (12): INDEMNIFY
You
agree to defend and indemnify Nadya Graphics Site and its affiliates from all claims,
liabilities, losses, damages, fines, costs or expenses of kind or nature
including reasonable legal fees and attorneys’ fees, as a result of:
A.
Your use of the Site and the services.
B.
Your violation of these terms and other
policies.
C.
Your violation of any law or the rights of
a third party.
SECTION (13): CHANGES
TO TERMS AND MODIFICATION OF SERVICES
1)
From time to time, we reserve the right to
change, modify, supplement or remove portions of these terms without providing
you with notice of such changes, and the terms shall become effective upon
posting on the Site. You agree that your continued use of the Site constitutes your
acceptance of the modified terms, and you agree that all previous versions of
the terms are superseded by the modified version.
2)
We reserve the right to discontinue,
modify or alter any aspect of the services provided or any feature or
functionality thereof at any time without notice to you. All rights, title and
interest in and to the Service and its components (including all intellectual
property rights) will remain with and belong exclusively to Nadya
Graphics Site, including, but not
limited to:
a)
Restricting the time the Services are
available.
b)
Restricting the amount of use permitted.
c)
Restricting or terminating any user’s
right to use the Services.
d)
Changing any feature or functionality
provided by the Services.
3)
You are responsible for regularly
reviewing these terms so that you are aware of any changes to them and you will
be bound by the new policy upon your continued use of the Nadya
Graphics Site. In the event the
modified terms are not acceptable to you, you should discontinue using the Site and service.
SECTION (14): TERMINATION
1)
These terms and conditions are effective
unless terminated by either you or us; we reserve the right at our sole
discretion to suspend or restrict your access to the Site, and shall have no
liability or responsibility to you in any manner whatsoever if we choose to do
so.
2)
You can terminate this agreement at any
time by discontinue using the service. Upon termination, the rights and/or
licenses granted to you in these terms shall cease, unless you are notified otherwise, and you agree to stop using the Site.
SECTION (15): GENERAL
PROVISIONS
1)
GOVERNING LAWS: These terms, other policies and any disputes
related to the Site or services shall be subject to the Laws of the UAE,
and you agree to submit to the exclusive jurisdiction of the UAE courts.
2)
SEVERABILITY: If any of these terms
shall be deemed unlawful, void or unenforceable under applicable laws, that
condition shall be deemed severable and shall not affect the validity and
enforceability of the remaining conditions.
3)
PRIVACY: Any information that you submit to us or that we
collect through our services is subject to our privacy policy, the terms of
which are incorporated into these terms. Please see the privacy policy of Nadya Graphics Site for a summary of our practices regarding the
collection and use of personal information.
4)
NO ASSIGNMENT: You may not assign your obligations and rights
under these terms or authorize to other party to manage your account in the site
except after getting a written consent from us, and failure or delay by us to
enforce any of these terms will not constitute a waiver of our rights against
you and does not affect our right to require future performance thereof.
5)
ASSIGNMENT OF RIGHTS AND OBLIGATIONS: We shall
be entitled to transfer all the rights mentioned in these terms to third
parties without any objection by the user. All shall be bound to perform all
their obligations mentioned in these terms to the assignee immediately they are
notified of the assignment. The assignee shall be entitled to take all the
legal procedures against whoever does not perform his obligations under these
terms.
6)
FORCE MAJEURE: We
shall not be liable for any failure or delay in performance
due to circumstances beyond our control majeure, and not responsible for any
incident, resulting in the suspension or disruption of the Site automatically.
7)
LANGUAGE: These terms and other policies were drafted in
both Arabic and English, Arabic text shall be the certified text in relation to
interpreting and applying these terms and policies, the Arabic text is
applicable before all the official and unofficial bodies if the English
language conflicts with it.
8)
HEADINGS: Headings in these terms
are for convenience only and do not affect the interpretation of it.
9)
CONFLICT CONDITIONS: In the event of any
conflict between these terms and any prior versions thereof, the provisions of
these terms shall prevail unless it is expressly stated otherwise.
10)
ENTIRE AGREEMENT: These terms, privacy policy and any policies or
operating rules posted on the Site or in respect to the service constitutes the entire
and final agreement between Nadya Graphics and any person accessing
or using the Site, superseding any prior or contemporaneous agreements and
communications (for example, any prior versions of these terms or policies).
SECTION (16): CONTACT
INFORMATION
If you have any questions
about these terms or related to using the Site, do not hesitate to
contact us at:
O Location: Abu Dhabi
) Phone: +971561506554
* Email: nadyagraphics@gmail.com.
Copyright ©
Nadya
Graphics 2021
All rights reserved