Terms of Use

Preamble:                      

This site is operated by M-SAY Global LLC.. Throughout the site, the terms “we”, “our” and “us” refer to Nouramsay™. Nouramsay™ offers this site, including all information, tools and services available on this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.

By visiting our site and/or purchasing something from us, you agree to our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including these additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the site, including, but not limited to, users who are browsers, suppliers, customers, merchants and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use the services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

All new features or tools added to the current store are also subject to the Terms of Use. You may view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Section 1 - Online Store Terms

By accepting these Terms of Use, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow one of your minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes and you may not, in using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).

You may not transmit worms, viruses or code of a destructive nature.

Any violation or breach of any of the Terms will result in the immediate termination of your Services.

 

Section 2 - General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred in plain text and may involve transmissions over different networks; and modifications to conform and adapt to the technical requirements of network or device connections. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, the use of the Service or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The titles used in this agreement are included for convenience only and will not limit or affect these terms.

 

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if the information made available on this site is not accurate, complete or up to date. The content of this site is provided for general informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not up to date and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site.

 

Section 4 - Changes to Service and Prices

Our product prices are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

 

Section 5 - Products or Services (if any)

Certain products or services may be available exclusively online via the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our return policy.

We have done our best to display the colors and images of our products as accurately as possible in the store. We cannot guarantee that the display of any color on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is null where prohibited.

We do not guarantee that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any error in the Service will be corrected.

 

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased by person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to be placed by resellers, drop shippers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can process your transactions and contact you if necessary.

For more details, please see our return policy.

 

Section 7 - Optional Tools

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation or condition of any kind and without any approval. We disclaim any liability arising out of or related to your use of optional third-party tools.

Any use by you of the optional tools offered on the site is entirely at your own risk and you must ensure that you know and agree to the terms under which the tools are provided by the relevant third-party supplier(s).

We may also, in the future, offer new services and/or features via the website (including the publication of new tools and resources). These new features and/or services will also be subject to these Terms of Use.

 

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include material from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not guarantee and assume no liability for third-party materials or websites, or for any other third-party material, product or service.

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content or any other transaction conducted in connection with third-party websites. Please carefully review third-party policies and practices and ensure you understand them before entering into a transaction. Claims, complaints, concerns or questions regarding third-party products should be directed to the third party.

 

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you submit certain specific submissions (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans or other documents, whether online, by email, by mail or otherwise (collectively, “feedback”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and use the feedback you submit to us on any medium. We are and have no obligation to keep feedback confidential; to pay compensation for feedback; or to respond to feedback.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of any party or these Terms of Use.

You agree that your feedback does not violate any third-party rights, including copyright, trademark, privacy, personality rights or any other personal or exclusive rights. You further agree that your feedback will not contain defamatory or illegal, abusive or obscene material, or computer viruses or other malicious software that could affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of the feedback. You are solely responsible for the feedback you make and its accuracy. We take no responsibility and assume no liability for feedback published by you or a third party.

 

Section 10 - Personal Information

Your submission of personal information in the store is governed by our privacy policy.

 

Section 11 - Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right at any time without notice to correct any error, inaccuracy or omission, to modify or update information or to cancel orders if information in the Service or any associated website is inaccurate.

We assume no obligation to update, modify or clarify information in the Service or on any associated website, including, but not limited to, pricing information, unless required by law. No update or refresh date specified in the Service or on an associated website should be taken to indicate that all information in the Service or any associated website has been modified or updated.

 

Section 12 - Prohibited Uses

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content: for illegal purposes; to solicit other people to perform or participate in unlawful acts; to violate local, international, federal, provincial or state regulations, rules, laws or ordinances; to infringe or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, libel, disparage, intimidate or discriminate based on sex, sexual orientation, religion, ethnic origin, race, age, national origin or disability; to submit false or misleading information; to download or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any associated website, other websites or the Internet; to collect or track the personal information of others; for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; for obscene or immoral purposes; or to interfere with or bypass the security functions of the Service or any associated website, other websites or the Internet. We reserve the right to terminate your use of the Service or any associated website for violation of any of the prohibited uses.

 

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from using the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or discontinue the service at any time without notice.

You expressly agree that your use or inability to use the service is at your own risk. The service and all products and services provided to you by the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event Nouramsay™, our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers, or licensors shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or other damages of any kind, including, but not limited to, loss of revenue, loss of income, loss of data, replacement costs, or any other similar, contractual, tort (including negligence), strict liability, or other damages resulting from your use of the service or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any error or omission in any content, or any loss or damage of any kind resulting from the use of the service or any content (or product) displayed, transmitted, or otherwise made available via the service, even if informed of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

 

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless malpha.fr and our parents, subsidiaries, partners, officers, directors, agents, subcontractors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising from your violation of these Terms of Use or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.

 

Section 15 - Severability

In the event that any provision of these Terms of Use is held to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed separate from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.

 

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, at our sole discretion, you fail to do so or if we suspect that you have failed, you may terminate this agreement at any time without notice and you shall remain liable for all amounts due. Up to and including the termination date; and / or, consequently, you refuse access to our Services (or any part thereof).

 

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

These Terms of Use and the rules or operating rules published by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreement, communication, and proposal, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

Section 18 - Governing Law

These Terms of Use and any separate agreement by which we provide you with Services shall be governed and interpreted in accordance with the laws.

 

Section 19 - Modification of Terms of Service

You can view the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by publishing updates and modifications on our website. It is your responsibility to periodically check our website for changes. Your continued use or access to our website or the Service after the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

Section 20 - Contact Information

Questions regarding the terms of use should be sent to us at contact@nouramsay.com