TERMS OF SERVICE
NASO is a third-party marketplace that connects the community looking to sell, search, and buy accessories and equipment that are critical in the fight against COVID-19. We do not assume liability for products and solely act as a connecting marketplace online. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them.
NASO is an online internet service built on the Sharetribe platform. The Sharetribe Terms of Service also apply to your use of the Service and are part of the NASO Terms of Service. NASO cannot provide any absolute guarantee as to the functioning of the service offered by Sharetribe.
These terms of service (“TOS”) are a legal agreement between you, an individual or entity (“You”), and NASO (“NASO”), governing the use of the www.naso.sharetribe.com website (“Site”) and the files, information, products and services on the Site (collectively, the “Service”).
BY USING THE SERVICE, YOU AGREE TO THE TOS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICE FOR ANY PURPOSE.
The TOS may be changed at any time and notice of such changes shall be given by posting updated TOS on the Site. Your continued use of the Site thereafter constitutes acceptance of the updated TOS.
1. Definitions
“User” means a user of the Service that is searching for a product to buy. “Seller” means an individual or an entity that is listing products for sale, including, but not limited to products.
2. Limited License
NASO grants You a limited, revocable, license (“License”) to access and use the Service to (a) view and buy products and (b) list products for sale, subject to these TOS.
3. Listing
In order to avoid disputes, when listing, please include as much information as possible so buyers have a clear understanding of the product they are purchasing.
4. STRIPE
NASO uses STRIPE online transactions platforms which serve millions of companies globally. It is connected to all major credit cards networks in order that buying and accepting payments for services on NASO are simplified, efficient and reliable. STRIPE policies with respect to billing, payment process and data security apply.
5. Fees
To help NASO run smoothly and to cover the costs of the services, the transactions and the marketing we provide, we charge a 10% service fee per transaction to the Seller when a sale is confirmed. In addition, a 5% service fee per transaction is charged to the Buyer. These fees are calculated from the purchase subtotal and is automatically deducted from the Seller payout.
Applicable tax amounts will be combined on the checkout page.
These are the only fees you will be charged for using NASO.
6. Cancellations
Refunds and cancellations should be on a case by case basis and mutually agreed upon by both the buyer and the seller. In some cases, cancellation of a product purchase after payment has been sent shall be governed by Suppliers policies mentioned on their listing.
Users should notify relevant parties as quickly as possible if they need to cancel or refund. NASO is not responsible for refunds or cancellation and do not offer a guarantee so NASO can only refund the payment from STRIPE with both party’s consent. STRIPE fees and dispute fees will be deducted prior any refund.
7. Content
You may create an account for the Service that allows you to upload certain content (“Content”) for your account profile or product listings. By uploading Content, You represent that (i) the Content is consistent with the Acceptable Use provision below, (ii) is accurate, and (iii) you have proper ownership or license to grant NASO the following license to use Content.
Also, You grant to NASO a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use the Content in the provision of Service. We will treat Content provided by You in accordance with our Privacy Policy, which is hereby incorporated by reference.
8. Compliance With Laws
You are responsible for complying with all laws, including without limitation federal, state, and local laws, and local business permitting, registration, tax and any fee requirements.
9. Acceptable Use
As a condition of your license to use the Service, you agree that You will not do any of the following:
Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements; Make listings for anything other than the products that are in relation with NASO’s mission; Make listings for products with inaccurate information or details, including information and details pertaining to the origin of the listing or your affiliation with the products; Share your account or password with others; Use the Service unlawfully or for an unlawful purpose; Transmit any Content that is illegal, abusive, harassing, racist, hateful, sexually explicit, pornographic, obscene, or in our sole discretion objectionable; Stalk, harass, or harm another individual; Impersonate another, misrepresent or falsely identify yourself; Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; Take any action that imposes an unreasonable or disproportionately large load on the servers the Service is hosted on; Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users; Give the impression that they emanate from us, if this is not the case.
NASO has the right, in his sole discretion, to refuse any listing without any notice, and NASO has the right to close your account without your prior consent.
10. Limitation of Liability
In no event shall NASO, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, loss of products, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this site or our service.
11. No Warranty
The Service is provided “as is”. NASO makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, NASO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the service.
12. Indemnity
The Service is a platform to connect Suppliers and Users. Any agreement to purchase products is a contract between Suppliers and Users, and it excludes NASO. NASO does not guarantee the accuracy of any listing or the performance of either party. Any breach of a purchase agreement for products, any damages done to products, or any other dispute between a Supplier and User is a dispute directly between such parties. You agree to indemnify and hold harmless NASO for any dispute arising from or in connection with any other user of the Service.
13. Term and Termination
The term of these TOS (“Term”) shall commence upon Your initial use of the Service, and shall continue until terminated in accordance with these TOS. The TOS and the Limited License set forth in Section 2 shall terminate upon any of the following:
Written notification by NASO that, in NASO’s sole determination, a material breach of the TOS has occurred.
Sections 8-10 and 12 shall survive the termination of these TOS.
14. Miscellaneous
Choice of Law. The TOS shall be governed by the laws of the Province of Quebec in Canada without regard to its conflict of law provisions.
Mediation. The parties agree to first pursue in good faith the mediation of any dispute arising out of the subject matter of this TOS before resorting to arbitration or any other legal remedy. Mediation fees, if any, shall be divided equally among the parties involved.
No Waiver. NASO's failure to exercise or enforce any right or provision of the TOS will not be deemed to be a waiver of such right or provision.
No Third-Party Beneficiaries or Rights. These TOS are not intended to create any rights or benefits for third-parties.
Force Majeure. In no event shall NASO be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemic, epidemic, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that NASO shall use reasonable efforts which are consistent with accepted practices in the e-commerce industry to resume performance as soon as practicable under the circumstances.
Entire Agreement. These TOS, together with the Privacy Policy and any amendments and additional agreements you might enter with NASO in connection with our Site or Service, shall constitute the entire agreement between you and NASO concerning the Site or Service, and shall supersede any prior terms you had with NASO regarding the Site or Service.
Severability. If any provision of these TOS is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these TOS shall remain in full force and effect.
Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Questions
If You have any questions concerning this TOS or the Site, please contact us at naso@nasoproducts.com.
This Privacy Policy (the “Policy”) explains how NASO (“We” or “Us”) collects, stores, uses, and discloses personal information (“Information”) from our users (“You”) in connection with the website located at www.naso.sharetribe.com (the “Site”).
Please read and make sure You understand this Policy. We may modify this Policy in the future, so please check back regularly for updates. We reserve the right to make revisions at any time and the revisions will be effective upon our posting updates to this website. If You access the Site after a revision is posted, your use will constitute acceptance of the revision.
INFORMATION COLLECTED
This Policy applies to Information We collect from You, but does not apply to any services or products offered by third parties and made available to You through our Site.
We obtain Information in the following forms: (i) Information provided by You (ii) Information that is obtained from Your use of the Site.
(i) Information provided by You: You may be required to register in order to access certain features of the Site. To become a registered user You will be asked to create a personal account, which may include Your name, login name and password, email address, and payment information. Additionally, you are able to input content into selling listings that you create and/or manage through the Site (“Listings”). Any information included in such content is submitted by You to the Site. You may send messages to other users through the site, and We have access to those communications.
(ii) Information from Your Use of the Site: We may automatically collect certain Information from Your use of the Site, such as usage data, preferences, or any other data that includes Information concerning how You use the Site. In particular, We may collect the following types of Information:
- Your browser type, language, plug-ins, Internet domain and operating system; Your Internet Protocol (IP) address;
- The website(s) You visited before visiting the Site and the website(s) You visited after visiting the Site;
- Unique identifiers, including mobile device identification numbers, that may identify the physical location of such devices;
- Data collected through cookies and other tracking technologies; and
- Data related to Your interactions with content on the Site, such as the type of content viewed or favorited in the Site.
USE OF COLLECTED INFORMATION
We use Information collected from your use of the
Site specifically to: (i) analyze, operate and improve services offered
thereon; (ii) process payments, transfers and related activities with STRIPE; (iii)
customize the content You see when You use the Site; (iv) customize the content
in the Listings; (v) enforce the Terms of Service; (vi) conduct market
analysis, traffic flow analysis and related reporting to third parties; and (vii)
for any other purposes disclosed to You at the time We collect Your
Information.
We may share certain Information with third party vendors who supply software applications, web hosting and other technologies for the Site and Listings. We will only provide these third parties with access to Information that is reasonably necessary to perform their work or comply with the law. Those third parties will never use such Information for any other purpose except to provide services in connection with the Site.
We will not share or sell any of Your Information to any third party except as otherwise stated in this Policy and in the following circumstances: (a) in response to subpoenas, court orders or legal process, to the extent permitted and as restricted by law; (b) when disclosure is required to maintain the security and integrity of the Site, or to protect any user’s security or the security of other persons, consistent with applicable laws; (c) when disclosure is directed or consented to by the user who has input the Information; (d) in the event that We go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, Your Information will, in most instances, be part of the assets transferred; or (e) in limited circumstances, We may disclose Your email address in order to comply with laws and regulations.
Please note that We may retain certain Information after Your account has been terminated. We reserve the right to use Your Information in any aggregated data collection after You have terminated Your Account, however We will ensure that the use of such Information will not identify You personally.
SECURITY OF INFORMATION COLLECTED
Information provided by You is protected by
the login and password You create when registering to use the Site. Please
understand that You can help prevent the unauthorized disclosure of Information
by choosing and protecting Your password appropriately. You can also help
prevent unauthorized disclosure by not sharing your password and preventing
others from using Your computer or mobile device.
We use commercially reasonable procedures to protect all collected Information. Please understand that no security system is perfect and, as such, We do not guarantee the security of the Site, or that Your Information won’t be intercepted while being transmitted to Us. If We learn of a security systems breach, then it may either post a notice, or attempt to notify You by email and will take reasonable steps to remedy the breach.
Although the Site may contain links to third party websites, We are not responsible for the privacy policies and/or practices on those third party websites. Where We have linked to a third party website You should read the privacy policy stated on that third party website.
QUESTIONS
If You have any questions concerning this
Policy or the Site, please contact us at naso@nasoproducts.com.