IMPORTANT - READ CAREFULLY
BEFORE DOWNLOADING, INSTALLING OR USING THE NEFSY SOFTWARE (THE “SOFTWARE”).
nefsy Software ('nefsy')
End User Software License Agreement ('EULA')
This End-User License Agreement (“EULA”) is a binding legal agreement between you and Nefsy Portal (the “Company” or “Nefsy Software”) for the Software being distributed with this EULA. As used in this EULA, the term “Software” shall include downloadable and installable applications, internet-based and other services provided by the Company, any systems, servers, devices or other items related to such Company services, any browser extensions distributed by the Company, and any patches, updates, modified versions, service packs and upgrades which may be provided by the Company from time to time. You may view this EULA on Nefsy’s website, at https://www.nefsy.com/Eula.html.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY OR USE THE SOFTWARE ON ANY DEVICE.
IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS SOFTWARE ON ANY DEVICE ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THIS EULA, AND YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO THE COMPANY’S PROVISION OF THE SOFTWARE AND RELATED SERVICES.
“Goods and/or Services” include promotional offers purchased or otherwise made available through Nefsy that can be accessed electronically and then redeemed for the specified goods and/or services with the identified Merchant.
“Merchants” are certain merchants, companies, and individuals who may make certain goods and/or services available through Nefsy. The term Merchants shall include “Restaurants,” which are Merchants who offers food and beverage for sale in its regular business operations and is making such food and beverages available to purchasers of Goods and/or services.
“Software” shall include downloadable and installable applications, internet-based and other services provided by Nefsy, any systems, servers, devices or other items related to the Nefsy services, any browser extensions distributed by Nefsy, and any patches, updates, modified versions, service packs and upgrades which may be provided by Nefsy from time to time.
1. GRANT OF LICENSE
Subject to your full compliance at all times with the terms and conditions set forth in this EULA, the Company hereby grants you a limited, personal, non-commercial (unless otherwise agreed in writing by the Company), non-exclusive, non-transferable license to:
1. download, install and use a single copy of the Software on one hard disk or other storage device of a personal computer or mobile device such as a phone or tablet (each, a “Device”) for the sole purpose of personally using the Software for services provided by Company (the “Services”), and for the purposes for which the Software and the Services are provided to you by the Company (the “Purposes”);
2. copy the Software on one Device for backup and archival purposes only; and
3. use the documentation that accompanies the Software or is available on-line for personal, non-commercial (unless otherwise agreed in writing by the Company) reference purposes only.
You may use the Software only as a single product on a single Device. You may not separate its component parts, nor install a copy of the Software on a network storage device or server.
2. LICENSE EXCLUSIONS AND RESTRICTIONS
The following exclusions and restrictions shall apply at all times to your use of the Software and/or the Services:
1. You may not grant access to your account to any other person or entity;
2. You may not make any use of the Software in whole or in part that is not expressly permitted by the terms of this EULA;
3. You may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to, the Software or any part thereof;
4. You may not undertake, cause, permit or authorize any modification of the Software or the creation of derivative works;
5. You may not translate, reverse engineer, decompile, disassemble or hack the Software or any part thereof;
6. You may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Software;
7. You may not use any of the Software or the Services if you are under the age of 18.
8. You may not use any of the Software or the Services in any manner that will or could damage, disable, overburden or impair the Services or that will or could interfere with any other party’s use and enjoyment of the Services; and
9. You may not attempt to gain unauthorized access to any service, account, computer systems or computer networks associated with the Services.
Any information derived from any of these above-described activities constitutes confidential information of the Company, and the Company shall retain all rights therein, and User is responsible for maintaining the confidentiality of their account.
You acknowledge and agree to use the Services solely for the Purposes.
3. AVAILABILITY OF SERVICES
The Company does not warrant that the Services will be available 24 hours per day, 7 days per week, nor does it warrant that the Services will be provided properly or completely. If your access to the Services is suspended or interrupted or a fault or defect occurs which prevents your access to the Services, the Company will attempt to restore access to the Services (to the extent determined solely by the Company in its discretion). The Company will have no liability to you for the unavailability of the Services at any time. In addition, the Company reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the Services to any individual, company, network, institution or other entity in violation of the terms of this EULA, or to cease providing the Services in whole or in part.
The Software and Services are designed to work with current standard software and operating systems. In the event you install or update any software or operating systems there is no assurance that the Software or Services you purchased will work as intended (or at all) with such software or operating systems. In any event you will not have any claims or demands against the Company in connection with the Software or Services you received not working as intended (or at all) with such software or operating systems.
4. PROPRIETARY RIGHTS
The Software and the Services are protected by copyright and other intellectual property laws and international treaties. The Software and the Services are licensed and not sold, and you will acquire no ownership rights of any kind or nature whatsoever in the Software and the Services.
The Company (or its third party providers, if any) reserves all rights, including proprietary rights, not expressly and specifically granted to you in this EULA. Without limiting the foregoing, the Company (or its third party providers, if any) retains all title, right, and interest in and to the Software, the Services, and all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software, including all patches, revisions, service packs and other updates. The proprietary rights reserved hereby include, without limitation, all patents, patent applications, copyrights, trademarks, service marks, know-how, source codes and any and all other applicable intellectual property rights and interests in and to the Software, the Services and all documentation, translations, enhancements, improvements or other modifications made to or derived therefrom.
The terms of this EULA apply to the downloading, installation and use of the Software and the Services. The Company may from time to time revise or update or change the Software with or without any notice to you, including without limitation, updating, changing, redesigning and/or replacing the user interface and/or the user experience adding, modifying, replacing or removing options. Such revisions and updates will be supplied according to the Company’s then prevailing policies, which may change from time to time at the sole discretion of the Company and may be performed by being automatically downloaded and installed on your computer or Device. You acknowledge and agree that the Company and its affiliates may automatically download and install such revisions and updates on your computer or Device without providing you with any notification.
6. TERMS OF SALE
a. In General
Descriptions of the Merchant Offerings and products and services advertised on the Software are provided by the Merchant or other referenced third parties. Nefsy does not investigate or vet Merchants. Nefsy is not responsible for any claims associated with the description of the Merchant Offerings or goods or services. Pricing relating to certain Merchant Offerings, goods or services, and other available programs on the Software may change at any time in Nefsy’s sole discretion without notice.
Nefsy does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or goods or services to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the goods or services are of the care and quality and quantity required. Merchant is solely responsible for the care and quality and quantity of the goods and services being provided or the care and quality of the Goods and/or Services.
Nefsy is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific good so services that are advertised on the Software. The Software is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
We assume no responsibility for monitoring, approving, or reviewing any of the Merchants and has no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the Merchant content, including pictures, prices, descriptions, or anything else given or provided by a Merchant. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content (such as positive User Content).
Nefsy may, in its sole discretion, verify a user’s identity prior to processing a purchase. Nefsy may also refuse to process a purchase, may cancel a purchase, or may limit quantities, shipment as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or this EULA, cancelled orders may be issued where appropriate.
If an offer becomes unavailable between ordering and processing, Nefsy will either cancel or not process the order and will notify you by email.
Nefsy does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Nefsy reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Nefsy will attempt to notify you by email. In addition, Nefsy reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
Nefsy allow Merchants to add their Goods and/or Services, and cannot guarantee that the prices offer are competitive or lower or higher than the Merchant or similar Goods and/or Services in the market, and its sole discretion of the Merchant to provide competitive prices with transparency, and sole discretion of the user or purchaser to choose, check, compare before complete the purchase through Nefsy.
b. Merchant Offerings
i. Goods and/or Services
Goods and/or Services are distributed by Nefsy and are redeemable for certain goods or services offered by, or facilitated through, the Merchant identified on the Goods and/or Services. The Merchant is solely responsible for redeeming the Goods and/or Services. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Goods and/or Services or not. You waive and release Nefsy and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Goods and/or Services or the goods, services or experiences a Merchant provides in connection with the Goods and/or Services.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Goods and/or Services, you agree specifically to the terms on the Goods and/or Services and any additional deal-specific terms advertised in connection with and on the Goods and/or Services at the time of purchase (the “fine print” regardless of how labeled), and this EULA. These rules apply to all Goods and/or Services that we make available, unless a particular Goods and/or Services fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Goods and/or Services fine print, the Goods and/or Services fine print will control. Any attempt to redeem a Goods and/or Services in violation of this EULA will render the Goods and/or Services void.
The Merchant is the sole issuer of the Goods and/or Services. Goods and/or Services are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Goods and/or Services is prohibited. Pricing relating to certain Merchant Offerings and goods or services on the Software may change at any time in Nefsy’s discretion, without notice.
Delivery of goods, user can easily redeem the Goods and Services from merchant store at any time, just show the merchant the purchase Goods and/or Services from your phone or tablet and merchant will type in the four pin code digits to complete redeem and deliver the goods and/or services to user, this can be either through dine in, order take away or delivery, this depends on the services provided by each merchant and statement before purchase
c. Additional terms applicable Goods and/or Services.
A Goods and/or Services has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $30 for a Goods and/or Services that entitles you to $40 of goods, from a Merchant, the amount paid is $30 (this amount does not expire until it is used or is refunded) and the promotional value is $40 (this amount expires on the date stated on the Goods and/or Services unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Goods and/or Services for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Goods and/or Services may not be combined with other offers and no portion of its value is intended to cover tax or gratuity.
The following provisions apply to all Goods and/or Services. Additional terms apply to each as stated herein.
• Goods and/or Services (i) have no cash value, (ii) are not redeemable for cash
• (iii) may not be applied to previously placed orders, (iv) cannot be combined with other promotions or offers, and (v) are for personal (non-commercial) use only (vi) non resalable, (vii) non transferrable.
• The unauthorized reproduction, resale, modification, or trade of a Goods and/or Services is prohibited and may result in their cancellation, and potential suspension or termination of your account.
• Nefsy is not responsible for lost, stolen, damaged or undeliverable Goods and/or Services, including those that may be lost in transmission.
• Refunds are available through the Software. The purchaser of a Goods and/or Services shall be responsible for any fees associated with a requested and received refund. The associated refund will be granted to you as a credit in your account with Nefsy, which can be used for any future purchases of goods and/or services
• No refund is allowed after the last day expiry of the purchased Goods and/or Services, and Nefsy shall not refund any expired Goods and/or Services.
• Purchasers who purchase the Goods and/or Services can request to refund the value of the Goods and/or Services paid, and no other value beyond the paid value, including but not limited to the promotional value of the purchased Goods and/or Services.
• If a purchaser requests a refund, if should be submitted with a valid reason, and repeated refund requests from the same purchaser can/may flag the purchaser and can result in deactivating, suspending or blocking the user account.
• Refunds will be done only through the Original Mode of Payment
• User can cancel their order within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.
You understand that use of the Software and purchase of a Goods and/or Services will result in charges to you for the services or goods you receive ("Charges"). Nefsy will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Software. Charges may include other applicable fees, tolls, and/or surcharges where applicable.
All Charges and payments will be enabled by Nefsy using the preferred payment method designated in your account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Nefsy may use a secondary payment method in your account, if available. Nefsy is not responsible for any additional charges, fees, or expenses arising from your preferred payment provider.
As between you and Nefsy, Nefsy reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Nefsy's sole discretion. Nefsy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Goods and/or Services, services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Software or the Charges applied to you. Nefsy may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party.
All payments are performed done through an assigned payment gateway, and its third parties and affiliates, and it falls under the rules and regulations of such payment gateway, which can be changed from time to time without notice. Nefsy will abide by the rules of the payment gateway and users and Merchant should follow the rules and regulations of the payment gateway. Nefsy is not responsible for these rules, and has no ability to change or avoid any of the rules and regulations enforced by the payments gateway including and not limited to the fees and charges applied
Visa or MasterCard debit and credit cards in AED will be accepted for payment
Users must retain a copy of transaction records and Merchant policies and rules.
Once the payment is made, an automatic email will be sent to the email address you have provided to Nefsy within 24 hours of receipt of payment
Taxes applied by government and/or local authorities will apply and will be added or included in your payments during check out, as applicable. All taxes are paid to Merchant, and it is Merchant’s responsibility to submit it to tax authorities or any other authorized regulating taxes
7. PUBLICITY RIGHTS
You grant Nefsy the right to include You (this includes your name) as a customer in its Software promotional materials. You may deny Nefsy this right at any time by submitting a written request via email to us, requesting to be excluded from Nefsy’ Software promotional materials. Requests made after Software license subscription may take thirty (30) calendar days to process.
8. THIRD PARTY SOFTWARE
You acknowledge that the Software may contain, include or embed software licensed by third parties to Nefsy, including open source software, and that in addition to the obligations of this EULA, You may be subject to additional third party software licensing legal provisions when using the Software.
9. PRIVACY; PASSWORD AND USER ID
10. INDEMNIFICATION AND INFRINGEMENT
The Company will not be liable for any unauthorized or fraudulent use of Your User ID or password. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Services, from any and all claims, losses, damages and expenses (including attorneys’ fees) relating to your use of the Software or the Services, including unauthorized or fraudulent use of your User ID or password.
If the Software becomes, or in the opinion of Nefsy may become, the subject of a claim of infringement of any third party’s intellectual property rights, Nefsy may, at its option and in its sole discretion: (a) procure for You the right to use the Software free of any liability; (b) replace or modify the Software to make it non-infringing; or (c) refund any Software licensing fees paid by You to Nefsy. These above-listed three alternative options (a, b and c) shall constitute your exclusive remedy for any infringement of third party’s intellectual property rights by the Software or any other items provided by Nefsy under this EULA.
11. DISCLAIMER OF WARRANTIES
THE SOFTWARE AND/OR THE SERVICES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES THE RIGHT TO ALTER THE SOFTWARE AND/OR THE SERVICES AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE AND/OR THE SERVICES OR THEIR QUALITY OR PERFORMANCE IS AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS AND WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SERVICES RELATING TO CORRECTIONS, PREDICTIONS OR TRANSLATION) IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. THE COMPANY AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS, OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF TITLE AND NON-INFRINGEMENT, ALL WITH RESPECT TO THE SOFTWARE AND SERVICES. IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE UNINTERUPTED, TIMELY, SECURE OR FREE FROM ERROR, THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO USE OF CORRECTIONS, PREDICTIONS OR TRANSLATION FEATURES INCLUDED IN THE SERVICES, IF ANY) WILL BE COMPLETE, ACCURATE AND RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS THIRD PARTY PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE OR EXPENSE OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, ATTORNEYS’ FEES, LOST SAVINGS, LOST REVENUE OR BUSINESS, FOR ANY INTERRUPTION OF SERVICE OR MALFUNCTION, ERROR OR LOSS OF USE OF THE SERVICES OR ANY CLAIM BY THE END USER OR ANY OTHER PARTY, HOWEVER CAUSED, BASED ON ANY THEORY OF LIABILITY, WHETHER IN TORT OR CONTRACT, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT FOR THE SOFTWARE OR THE SERVICES, THE PERFORMANCE OF THE SOFTWARE OR THE SERVICES OR ANY COMPONENTS THEREOF, HOWEVER CAUSED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY UNDER THE TERMS OF THIS EULA AND APPLICABLE LAW EXCEED THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE AND/OR THE SERVICES, OR (2) $100.00. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT ENLARGE OR EXTEND THESE LIMITATIONS AND THE REMEDIES SET FORTH HEREIN AND THE SAME SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM FOR DAMAGES ARISING IN ANY WAY OUT OF THIS EULA.
IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY HEREIN IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATIONS.
YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR THE SERVICES IS TO TERMINATE THIS EULA UNDER THE PROVISIONS OF THE SECTION ENTITLED “TERMINATION” BELOW.
This license and use of the Software pursuant to this EULA shall be effective until expiration or earlier termination of this EULA. Without prejudice to any other rights the Company may have, including available legal remedies, this EULA will terminate immediately and automatically if you fail at any time to comply with the terms and conditions set forth herein. You may terminate this EULA at any time by removing the Software from your system and destroying all copies of the Software, including backups, on your hard drive(s) and other storage media. Upon termination of this EULA for any reason, the license granted herein will automatically terminate and you (i) will cease to have and enjoy any and all rights to use the Software or the Services, and (ii) will remove the Software from all hard drives and other storage media and destroy all copies of the Software in your possession or under your control. The provisions in the Sections of this EULA entitled “PROPRIETARY RIGHTS”, “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” AND “GENERAL PROVISIONS” will survive any termination of this EULA.
14. GENERAL PROVISIONS
The Company reserves the right to modify the terms of this EULA at any time and from time to time by providing such revised terms to you or by publishing the revised terms on the Nefsy Website. The terms of any such revised EULA shall become effective within seven (7) days of such publishing or provision to you, unless you sooner expressly accept such revised EULA by clicking on the accept button. The express acceptance by you, or your continued use of the Software or the Services after expiration of the seven (7) days’ notice period shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of the EULA at the Nefsy Website.
"Nefsy Portal” maintains the www.nefsy.com Website ("Site")
You acknowledge and agree that, with respect to any Nefsy Application designed for use on an Apple, Inc. iOS-powered mobile device, if any of the terms and conditions of this EULA are inconsistent or in conflict with Apple Inc.’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (currently located at http://www.apple.com/legal/itunes/appstore/dev/minterms/), the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.
You acknowledge and agree that, with respect to any Nefsy Application downloaded from Amazon Digital Services, Inc.'s or any of its affiliates (collectively, “Amazon”), if any of the terms and conditions of this EULA are inconsistent or in conflict with the default end user license terms as set forth in Amazon's App Distribution Agreement (currently located at https://developer.amazon.com/appsandservices/support/legal/da), the terms and conditions of such default end user license terms shall apply.
The waiver of a breach of any term or condition of this EULA by the Company shall in no way be construed as a waiver of any other term or breach hereof or as a waiver of any future breach of the same term.
This EULA constitutes the entire agreement between you and Nefsy relating to the Software and the Services and supersedes any and all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, the Services or any other subject matter covered by this EULA.
If any provision of these Terms shall be held by a court or tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this EULA shall remain in full force and effect.
To the greatest extent under applicable law, the laws of the United Arab Emirates shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal or provincial courts sitting in Dubai, UAE, except that the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction. If applicable law prohibits any of the foregoing provisions regarding choice of law or jurisdiction, then the applicable law regarding such matters shall govern the interpretation and enforcement of this EULA and/or jurisdiction for dispute resolution. United Arab of Emirates is our country of domicile
No waiver of any right under this EULA will be deemed effective unless contained in a written instrument signed by the party (or a duly authorized representative of such party as the case may be) against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform any obligation under this EULA will be deemed to be a waiver of any future rights arising out of this EULA.
Nefsy is not selling Goods and/or Services to or from countries or parties that are sanctioned by the U.S. Office of Foreign Asset Control.
No agency, partnership, joint venture, or employment is created as a result of this EULA and You do not have any authority of any kind to bind Nefsy in any respect whatsoever.
This EULA is not assignable, transferable or sublicensable by You except with Nefsy’s prior written consent. Nefsy may transfer, assign or delegate this EULA and its rights and obligations hereunder without your consent.