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Terms of Service
A1. Last modified on May 21 2020. You are now reading ndaya.com terms of service, meaning the contract between you and ndaya.com when you use ndaya.com site and services. You should read this carefully before you use ndaya.com. If you have any questions or suggestions, please feel free to email us at email@example.com
1. Accepting the Terms of Service
What personal information does ndaya.com collect?
Personal information collected automatically
- Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, "cookie" information, and the page you requested.
- When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners, so that they can understand how often people use their services and our Website, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
Email and other communications
When you register for the first time on ndaya.com, you will be automatically opted in to receive email notices, which may include notification if someone sends you a message or invites you to join a ndaya.com list or group, new friend or follower requests, ndaya.com newsletters and announcements, notification of new activity on your lists, and notices about public ndaya.com activity by your friends or followers. We may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference on your settings page, and by emailing us at "firstname.lastname@example.org". If you elect to become a friend or follower of a Brand Profile Page (a store page in the ndaya.com community that displays brands, products or goods of a merchant), the administrator of the page may send you messages containing commercial and promotional messages. You may opt out of receiving those messages by following instructions that will appear on the in-system message. If you send an email using the service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses, nor do we send them marketing messages. Other users may send emails and messages to you via the ndaya.com service. ndaya.com does not review these messages before they are sent to you. If you provide ndaya.com, Inc. with your mobile phone number at any time during the experience, including but not limited to a Third Party site, you agree that ndaya.com, Inc. may send you text messages (including SMS and MMS) to your phone number. You may opt out of receiving marketing or advertising text messages by contacting us at email@example.com and providing the phone number that you would like opted out.
Will ndaya.com share any of the personal information it receives?
We neither rent nor sell your Personal Information to anyone. We share your Personal Information in personally identifiable form only as described below.
We may allow advertisers and/or merchant partners ("Advertisers") to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in New York to show you ads or offers for New York businesses or industrials, but we will not tell such businesses/individuals who you are. We may deliver a file to you through our ad network, anonymously. ndaya.com also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
User profile information, including without limitation your name, email address, and other information ("User Submissions") may be displayed to other users if you chosen to enter such information on your user profile. Again, any content (including without limitation images, captions, and comments) you voluntarily disclose for other users to view on the Website is not Personal Information; it becomes publicly available and can be collected and used by others, and may be redistributed through the internet and other media channels. Additionally, if you sign into the Website through a third party social networking site or service, your list of "friends" from that site or service may be automatically imported to the Website, and such "friends," if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.
Communication about the website
As part of the Website and Services, you may receive communications from us, whether by email or other means. We and our agents may send you email, contact you, or engage you in other communication that we or they determine relate to your use of the Website.
We may send offers to certain users on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send us an email at firstname.lastname@example.org
Protection of ndaya.com and others
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of ndaya.com, our employees, our users, or others. This includes exchanging information with other people, companies and organizations for fraud protection and credit risk reduction.
With your conscent
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is personal information about me secure?
What personal information can I access?
Through your user profile, you may access and, in some cases, edit or delete the following information you've provided to us. This list may change as the Website changes:
- Real name
- Interests and other shopping-related preferences;
- Username, password and email address;
- User social network credentials (e.g., Facebook, Twitter); and
- Other account and user profile information.
The information you can view, update, and delete through your user profile may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at ndayainfo@.com
What choices do I have?
- You can always opt not to disclose information, but keep in mind that some information may be needed to register with us or to take advantage of some of our special features.
- You may be able to add, update, or delete certain information as explained in Section V above. When you do so, however, we may maintain a copy of the unrevised information in our records. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
- You may close your account via the 'Close Account' link on sittings Please note that some information may remain in our private records after the closing of your account.
Questions or concerns
If you have any questions or concerns regarding our privacy policies, please feel free to contact us anytime at email@example.com We will make every effort to resolve your concerns.==========================================
A1 Terms of Service Last modified on May 22, 2018
Welcome to ndaya.com! You are now reading ndaya.com's terms of service, meaning the contract between you and ndaya.com when you use ndaya.com's site and services. You should read this carefully before you use ndaya.com. If you have any questions or suggestions, please feel free to email us at firstname.lastname@example.org
- Accepting the Terms of Service
- Access to the Services
The ndaya.com website and domain name and any other linked pages, features, content, or application
services (including without limitation any mobile application services) offered from time to time by
Company in connection therewith (collectively, the "Website") are owned and operated by Company. Subject
to the terms and conditions of this Agreement, Company may offer to provide certain services, as
described more fully on the Website, and that have been selected by you (together with the Website, the
"Services"), solely for your own use, and not for the use or benefit of any third party. The term
"Services" includes, without limitation, use of the Website, any service Company performs for you and
the Content (as defined below) offered by Company on the Website. Company may change, suspend or
discontinue the Services at any time, including the availability of any feature, database, or Content.
Company may also impose limits on certain features and services or restrict your access to parts or all
of the Services without notice or liability. Company reserves the right, in its sole discretion, to
modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via
email or postal mail. You shall be responsible for reviewing and becoming familiar with any such
modifications. Your use of the Services following such notification constitutes your acceptance of the
terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or
knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to
register for the Services or send any information about yourself to us, including your name, address,
telephone number, or email address. No one under age 13 may provide any personal information to Company
or on the Services. In the event that we learn that we have collected personal information from a child
under age 13 without verification of parental consent, we will delete that information as quickly as
possible. If you believe that we might have any information from or about a child under 13, please
contact us at “email@example.com”.
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you
are of legal age to form a binding contract or have your parent's permission to do so, and you are at
least 13 years or age or older; (ii) all registration information you submit is accurate and truthful;
and if you will maintain the accuracy of such information. You also certify that you are legally
permitted to use and access the Services and take full responsibility for the selection and use of and
access to the Services. This Agreement is void where prohibited by law, and the right to access the
Services is revoked in such jurisdictions.
Purchases on ndaya.com
The following terms govern purchases you make through ndaya.com’s checkout system. These are items you have attempted to purchase, and/or have purchased, within ndaya.com's website or mobile application. This is different from purchases you may make on the websites of third-party brands that you were directed to via ndaya.com. Separate terms contained within ndaya.com’s Terms of Service govern those purchases made on third-party websites.
All purchases through ndaya.com's checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase from. ndaya.com will inform you when an order is placed with a third-party brand, however, each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
Whether you can cancel an order once payment is made shall be governed by the terms and conditions of the seller or at the discretion of ndaya.com for customer service reasons.
Shipping and Delivery
ndaya.com will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed, ndaya, provide you a confirmation email that your order has been processed and accepted by the Seller. ndaya.com may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each Sellers. Any estimates ndaya.com may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to ndaya.com, however, you should not rely on these estimates in any way whatsoever. Please read the confirmation emails you receive from ndaya.com for additional information on how to contact the Sellers for additional information on the status of your order, shipping and delivery. These emails also contain instructions on the best ways to contact ndaya.com to help with any questions about your order.
Each Seller on ndaya.com has its own return policy and each order you make will be governed 100% by the terms and conditions of each Sellers, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns. You acknowledge and accept that ndaya.com has absolutely no involvement, and/or control over, whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.
Much like “Returns” discussed above, each Seller on ndaya.com has its own refund policy and each order you make will be governed 100% by the terms and conditions of Sellers, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that ndaya.com has absolutely no involvement, and/or control over, whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to Seller from which you ordered regarding refunds.
ndaya.com uses a Paypal payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. ndaya.com’s not responsible for errors by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the PayPal terms and you authorize ndaya.com , via the Paypal Payment Processor only. Please be aware that items you are charged may include shipping fees and state and local sales tax. For each purchase, you grant ndaya.com the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where ndaya.com has already received payment from you. For example, in some instances, ndaya.com will charge you estimated State and local sales tax, and may revise the sales tax charge as necessary. You agree that (i) each order through the Services are purchases between you and the Seller, and not with ndaya.com ; and ndaya.com is not a party to your payment transaction for such purchases and ndaya.com is not a buyer or a seller in connection with all such transactions. IN ORDER FOR ANY BUYER TO BE ABLE TO PROCESS A PAYMENT, HE OR SHE, MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION, HE OR SHE MUST OWN OR CREAT A PAYPAL ACCOUNT FOR A PAYMENT PROCESS, HE OR SHE MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT VALID, COMPLETE AND ACCURATE.
OUR Discretion And Your Recourse
You agree that ndaya.com has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and ndaya.com, and/or you and any third-party brand, related to a purchase(s) made through the Services, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
Website and Services Content
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Furthermore, you understand that Company/seller retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
Under no circumstances will Company/Seller be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Restrictions ou warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; violates any law, statute, ordinance or regulation; is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; impersonates any person or entity, including without limitation any employee or representative of Company; restricts or inhibits any other user from using and enjoying the Services or Content; relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserver, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You agree that by ndaya.com providing You the Services for free, You grant ndaya.com the exclusive right to work with You to promote brands and/or products on ndaya.com’s platform. This exclusive right covers all promotional activities of any kind involving the Services. You agree that any arrangement You make with a third-party to promote brands and/or products on ndaya.com is void unless you first obtain ndaya.com's written permission to enter such arrangement and waive its exclusive right.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company/Seller makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The services, content, website, products and services obtained through the website, and any software, are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you.
Registration and Security
As a condition to using all or some aspects of the Services, you may be required to register with Company/Seller and select a password and user name ("Company User ID"). You shall provide Company/Seller with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a Company/Seller User ID a name of another person with the intent to impersonate that person; or (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of Liability
In no event shall company/Seller or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (a) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the services and any products or services purchased through the services during the 12-month period preceding the applicable claim; (b) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (c) for data loss or cost of procurement of any substitute goods or services; or (d) for any matter beyond Company’s/Seller’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Arbitration; Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
Copyright Dispute Policy
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org