These terms of Service give an agreement bound by law made between you and I regarding the access of our Application, Nail It (referred to as “we”, “us”, “our”, or “Nail It”,whether individually or for an entity. Nail It is provided to you as a service and is intended to allow you to browse for or order for products (“the service). You confirm that access and use of the application for any reason,including transactions you make by using the application, you have gone through, comprehended, and accepted to be bound to be bound by all these Terms of Service which may also include other supplementary terms and conditions or documents, relevant hyperlinked or referenced sections such as the Privacy Policy, Contact us, FAQ, etc. (collectively referred to as “Terms”)
We, Nail It, at our discretion, solely hold the mandate to alter these Terms at any given time and for a given cause and such changes made will be considered as being effective on the date and time they are posted on Nail It. Its, therefore, your responsibility to make reviews to these Terms and Conditions to keep up to date with updates to the Terms and Conditions therein.
You will be considered,and assumed that information had been passed, and have accepted, the changes or modifications that were made to the Terms of Service by your continued usage of the App, used personally or for an entity, after the date for which the revised changes were published.
The information provided is not for distribution purposes or use individually, or by an entity in any area of jurisdiction where such distributions or usage may be considered as being not in accordance to the laws and regulations governing, or subject Nail It to any registration requirements within the said area. As a result,therefore, such persons accessing the App from such locations solely do it out of their initiative and are as such responsible for matters relating to compliance to the law, to the extent to which the laws governing will be applied.
Account and Registered User
To access certain aspects of the service, including access to browse and order for products using the App, you are required to open an account with us, secured by a password known to you (“the Account). You, therefore, warrant that the information provided with regards to account registration is true, current and complete and that any changes to the details duly provided will be updated as and when changes occur as necessary. Accounts so created will be personal and exclusive to the parties involved and are not, for any reason, transferable to third parties.
Once you register an account with us, you become a “Registered User” which requires that you must be 18 years of age and must provide information accurately relating to phone number, name, and date of birth, email addresses and other relevant details for use in the service as requested during the process of registering the account with Nail It. It is also required that you are not a minor in the jurisdiction you reside in and in the case the account has to be accessed by a minor, parental permission must have been received to use the service. I such cases, you remain solely liable for use of the App for purposes allowed by you through your Registered Account through actions of a minor (below 18 years of age).
You are responsible as the Account holder to ensure that the information relating to the registration to the account is private and confidential and that you agree to take responsibility of all actions that have been or will be carried out through your account. Any information relating to issues noticed by you relating to your account or you become aware of any acts of misuse, you are required to pass the same to us immediately (see Contact Us Section for information relating to our contact details.)
Accuracy, Reliability and Timeliness of Information
This App may contain information of historical nature, which may necessarily not be current and is such is only provided for your use. We, Nail It hold the right to alter the contents of the information provided in our App, but we are not obligated to update any information in the App. You as the Registered User accept that it is your duty to monitor the alterations that are made to the App.
Modifications and Alterations
The prices set for services offered (“the products”) may be changed without prior communication for the same. We hold the right, at any given time, alter or remove contents from the App for any cause at our discretion and without communication. We,however, are not obliged to update the contents of our service and we,Nail It, are not to be held liable any third party for any effects they may suffer as a result of the discontinuation, modification, or price changes made for products in the App.
Products or Services
The items we offer may exclusively be from an online platform using the Nail It App. The products may also have limited availability in terms of numbers or quantities and also,they are subject to return in by following our agreed-upon Return Policy.
We, Nail It, try to our level best to display products, as accurate as possible, images and colours of the products as they appear on the App. We, however, cannot guarantee that the mode of the display from your phones monitor will provide an accurate display of the products and the colours as they should appear.
We can limit the number of sales made to individuals, area of jurisdiction or geographical region solely to reasons at our discretion but we are not obligated to do the same. We also hold the right to control the quantities of the products sold to our customers,with descriptions to products or services offered to be changed at any time,without any communication given to the consumer. We also can discontinue a product from the market without notice.
Offers on products or services for products offered in the application are to be considered as being void where it has been prohibited.
We do not guarantee that the products we offer, colours and quality will meet your expectation of the products or service you order for any such errors on products purchased will be corrected when noticed.
Accuracy of Billing and Account Information
The responsibility to limit the number of sales to be made by an individual, entity or per order solely lays in the hands of Nail It. In our discretion, we may limit the number of purchases an individual makes through the App, or limit the number of products that are purchased per household. These restrictions may be enforced in various methods such as limiting the number of purchases that are made from an account, limiting the number of purchases that are made using a similar account for payments (e.g., credit card or debit card) as that of another account, or using a similar billing or shipping address for products purchased through the application.
In cases where we decide to limit or make changes to the orders made by the registered user with regards to products purchased, we may attempt to reach you to notify on the same by using the contact details provided for the order made.
The right to limit or stop the proceeds for an order made solely lies with Nail It upon our deductions on reasons such as orders made are with the intention that the products ordered for are to be resold, or to be redistributed once acquired by resellers and redistributors.
You are, therefore, as the registered user, expected to provide information that is current, accurate and complete at the time when you place an order at our online store after making orders using our App.
You accept to update your account information including contact details to enable us complete your transactions once the same has been effected when you place an order for our product(s), and also be able to notify you when the product has been shipped and is available for collecting at the requested collection point.
You may review our Privacy Policy for more information relating to the need and accuracy of Billing and Account information.
Third-Party Services and Content
It being that we are operating an online store, note that some of the products or services we offer may be made available to you through the use of third party sources. This may include products, services or materials. As such, links on this service may redirect you to other websites that are not in any way related to us. It is important to note, therefore, that we are not to be held liable to products ordered using such links as we are not obligated to evaluating or examining the accuracy of and the quality of the said products once orders for the same have been made.If you leave the App to access the other websites, you do it at your own risk as our terms of use do no govern do not. We, therefore, do not guarantee on the authenticity of the products purchased using this method and we are not responsible for products materials or products from third-party sources or websites accessed through links in our App. (Team, 2019)
As such, we, Nail It are not to be held liable for harm or damages that are caused by the purchase of a products, material,resources, contents, or transactions that are made in the other websites or sources. You are requested to carefully read and understand the Terms and Conditions of the other source including privacy and data mining activities before you proceed with the transactions and orders made in those sources.Purchases made through the third-party websites are exclusively between you and the other source and in the case where the transaction has been carried out using the third-party websites, claims, concerns, complaints or questions should be addressed to the third-party sources or websites when the need for the same arises.
Personal Information
The information submitted to us during your registration process and as you make orders for purchases of items, products or services using the App are regulated by our Privacy Policy.
Errors, Inaccuracies and Omissions
We do not guarantee that the information provided in the App will be free of errors, omissions and inaccuracies. We may occasionally have typographies, errors or omissions in terms of information given about products or services we offer. This may include information relating to descriptions of products, promotions, product pricing, transit times and when the product is to be made available to you.
In instances when such exist, we hold the right to correct them and to update or alter the information in the product or service descriptions where the need arises or to cancel orders for products where the errors existed at any given time and without prior communication, which also includes after the order has already been placed.
Although the right to modify or correct the errors is reserved with us, we are not obligated to update, clarify information in the App or any other website which also includes information relating to product pricing.
Prohibitions
To add on to the prohibitions set by the Terms of Service, you are prohibited to use the App, or its contents for:
Unlawful activities.
To make others participate in unlawful activities.
To violate the rules and regulations in an area of jurisdiction.
To infringe upon intellectual property rights.
To harass, endanger, abuse, insult or discriminate on grounds of religion, ethnicity etc.
To submit information that is false.
To upload viruses or malicious code.
To gather or track personal information of users.
To alter the security features in the App.
We hold the right to stop your use of the App for breaching any of the prohibitions.
Disclaimer of Warranties and Liability
We don’t guarantee that we will have a smooth flow of the App/ service and that you agree we will, from time to time, have some of our services removed for indefinite periods or to be cancelled completely. You accept that your use of the App or not being able to use the App is solely your risk and we are not to be held liable for damaged caused by not being able to access the App or when errors have existed. In the case certain jurisdictions provide otherwise, we will only be held liable to the extent allowable by law.
Compensation for Harm
You agree not hold Nail It, parent, subsidiaries or affiliated companies as not being liable for damages caused by a breach of these Terms of Service.
Severability
In the case where the provisions of these Terms of Service is seen as being not lawful, void not able to be enforced, the terms will still be enforced to the extent acceptable by the law.
Term of Termination
These Terms remain effective to the date when you terminate them by notifying us that you no longer subscribe to them or by us for failure to comply with the Terms.
Entire Agreement
Our failure to exercise the Terms of service won’t include a waiver of such provision. This also includes misinterpretations made by the user. I this case, the party that drafted the same won’t be held liable for damages received.
Governing Law
These terms of service to be enforced between you and us shall be regulated by the statutes of the State of Kuwait.