TERMS AND CONDITIONS OF USE

 

Welcome to NOOBEA Technologies LLC and/or its affiliates ("NOOBEA", “NOOBEA” and “NOOBEA PAY”). We provide integrated technology based services and other products when you visit or shop at NOOBEA, use NOOBEA for order fulfillment or use NOOBEA Pay for transactions through our website features and mobile applications.

 

By using the NOOBEA platform, you agree to these conditions. Please read them carefully.

We offer a wide range of integrated services, and sometimes additional terms may apply. When you use any services offered by the NOOBEA platform you also will be subject to the guidelines, terms and agreements applicable to NOOBEA. If these Terms and Conditions are inconsistent with the service terms, those service terms will supersede.

 

  1. PROPRIETARY RIGHTS AND TRADEMARK LICENSE

All intellectual property rights of NOOBEA shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth by NOOBEA are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of NOOBEA. NOOBEA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

NOOBEA, and other NOOBEA logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of NOOBEA in the United States and/or other countries (collectively, the “NOOBEA Marks”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without NOOBEA’s prior written permission, which it may withhold in its sole discretion. The NOOBEA Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that NOOBEA is the owner and licensor of the NOOBEA Marks, and that your use of the NOOBEA Marks will confer no additional interest in or ownership of the NOOBEA Marks in you but rather used on your behalf to the benefit of NOOBEA. You agree to use the NOOBEA Marks strictly in accordance with NOOBEA’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that NOOBEA determines to nonconforming or otherwise unacceptable.

You agree that you will not:

  1. create any materials that incorporate the NOOBEA Marks or any derivatives of the NOOBEA Marks other than as expressly approved by NOOBEA in writing;
  2. use the NOOBEA Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the NOOBEA Marks other than in accordance with the terms, conditions and restrictions herein;
  3. take any other action that would jeopardize or impair NOOBEA’s rights as owner of the NOOBEA Marks or the legality and/or enforceability of the NOOBEA Marks, including, without limitation, challenging or opposing NOOBEA’s ownership in the NOOBEA Marks;
  4. apply for trademark registration or renewal of trademark registration of any of the NOOBEA Marks, any derivative of the NOOBEA Marks, any combination of the NOOBEA Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the NOOBEA Marks; or
  5. use the NOOBEA Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in NOOBEA’s sole discretion. If you create any materials bearing the NOOBEA Marks (in violation of this Agreement or otherwise), you agree that upon their creation NOOBEA exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the NOOBEA Marks or derivative works based on the NOOBEA Marks. You further agree to assign any interest or right you may have in such materials to NOOBEA, and to provide information and execute any documents as reasonably requested by NOOBEA to enable NOOBEA to formalize such assignment.

  1. ELECTRONIC COMMUNICATIONS

 

When you use the NOOBEA platform or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other NOOBEA channels, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. YOUR ACCOUNT

You may need your own NOOBEA account to use certain NOOBEA services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. (Insert a link to manage your payment options). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. NOOBEA does sell products for children, but it sells them to adults, who can purchase with NOOBEA Pay, credit cards or other permitted payment method. If you are under 18, you may use NOOBEA only with involvement of a parent or guardian. Alcohol listings on NOOBEA are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. NOOBEA reserves the right to refuse service, terminate accounts, terminate your rights to use NOOBEA, remove or edit content, or cancel orders in its sole discretion.

 

  1. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NOOBEA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant NOOBEA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NOOBEA and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NOOBEA for all claims resulting from content you supply. NOOBEA has the right but not the obligation to monitor and edit or remove any activity or content. NOOBEA takes no responsibility and assumes no liability for any content posted by you or any third party.

 

  1. ORDER CANCELATION

Kindly note that only orders the orders that are in the paid, processing or partially shipped status may be modified or canceled. All other orders cannot be changed. If you wish to cancel a shipped or packed order, we advise you accept the package and refer to our return policies for more information on how to proceed.

 

  1. RISK OF LOSS

All purchases of physical items from NOOBEA are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

 

  1. EXCHANGE, RETURN AND REFUND POLICY.

We would like for you to be completely happy with every purchase you make on the NOOBEA platform, however this might not be the case each time. If you would like to return of product(s) purchased on the NOOBEA platform, take a look at our policies below. These policies will be reviewed from time to time without notice to you.

  1. Returns

Our policy lasts 30 days from the date the return request was initiated. We will accept return requests for items that are unopened, unused, with their original tags still intact. The product(s) must be in their original packaging and in the same condition it was received.

We do not accept returns for perishable items, intimate items, gift cards, and beauty items.

If you wish to return your item, we must receive your request by having filled our returns form within 24 hours of the date of delivery. We cannot offer you a refund or exchange if 2 days have passed since the item was delivered to you.

 

  1. Refunds

NOOBEA will accept refund requests if

  1. a) You did not receive an item.
  2. b) You received the item later than the maximum estimated delivery date provided by the Seller.
  3. c) You received the item, but it was defective, damaged, had missing parts, or was materially different from the item depicted in your description.
  4. d) You returned the item per their agreement with the Seller.
  5. e) You believe that you were charged an amount greater than the amount authorized for the purchase.

Once your refund request is received NOOBEA will review and inspect the evidence before processing the refund. We will send a confirmation email to let you know if you refund was approved.

If approved, the money will be refunded to your original method of payment within 14 days. All payment companies are different in the amount of time it takes to confirm a payment, so it will likely take a few days for the refund to show up in your bank account.

  1. Exchanges

In the unlikely event that you receive a damaged or defective item, we’re happy to exchange the item for a new or a different one. For exchanges please contact us through email Please email within 48 hours of receiving your product to begin the process.

Return Shipping

After you’ve submitted a return request by filling our returns form, we will send you a tracking label. Please print it out and affix to your package. You are responsible for paying for the return shipping costs. In the event of a refund NOOBEA shall deduct the cost of return shipping from your refund.

Insurance

If you’re shipping an item over $75, consider purchasing shipping insurance to ensure it arrives or use a traceable shipping agent.

 

 

  1. PRODUCT DESCRIPTIONS

NOOBEA attempts to be as accurate as possible. However, NOOBEA does not warrant that product descriptions or other content in the NOOBEA platform is accurate, complete, reliable, current, or error-free. If a product offered by NOOBEA itself is not as described, your sole remedy is to return it in unused condition.

 

  1. PRICING

Listed prices of products on NOOBEA are as provided by a manufacturer, supplier, or seller. We regularly check listed prices against prices recently found on NOOBEA.

With respect to items sold by NOOBEA, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our platform may be mispriced. If the correct price of an item sold by NOOBEA is abnormally higher than standard prices, we will, at our discretion, either contact you for instructions before initiating delivery process or cancel your order and notify you of such cancellation.

NOOBEA shall not be held liable for any pricing errors unless otherwise originated from the NOOBEA platform system errors or suspension.

 

 

  1. APP PERMISSIONS

When you use NOOBEA’s integrated services, such as MOOVN PAY (for payments) or the MOOVN App (for doorstep delivery) you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

 

 

  1. SANCTIONS AND EXPORT POLICY

You may not use any services offered by the NOOBEA platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using NOOBEA. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including NOOBEA software), technology, and services.

 

  1. ASSIGNMENT

 You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.

 

  1. NO WAIVER

We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.

 

  1. OTHER BUSINESSES

Parties other than NOOBEA agent stores, provide services, or sell product lines through NOOBEA platform. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from NOOBEA. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). NOOBEA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

NOOBEA AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOOBEA PLATFORM ARE PROVIDED BY NOOBEA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NOOBEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NOOBEA PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NOOBEA, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NOOBEA IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NOOBEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOOBEA DOES NOT WARRANT THAT NOOBEA PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOOBEA PLATFORM, NOOBEA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NOOBEA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NOOBEA SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NOOBEA SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

  1. DISPUTES

Any dispute or claim relating in any way to your use of the NOOBEA platform, or to any products or services sold or distributed by NOOBEA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered office at 1122 E. Pike Street PMB #1315, Seattle WA, 98122. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. NOOBEA will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

  1. APPLICABLE LAW

By using the NOOBEA platform, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and NOOBEA.

 

 

 

  1. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of the NOOBEA platform. We reserve the right to make changes to our site, policies or Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

NOOBEA Technologies LLC,

1122 E. Pike Street PMB #1315,

Seattle WA, 98122      

 

INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint through our email address legal@noobea.com. This may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

 

You may submit written claims of copyright infringement to our Offices at:

NOOBEA Technologies LLC,

1122 E. Pike Street PMB #1315,

Seattle WA, 98122

 

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

 

MOOVN PAY TERMS

By using MOOVN PAY services you acknowledge and allow MOOVN PAY to perform services to you as a user of the NOOBEA of MOOVN platforms to support your online transactions concluded on and through NOOBEA and/or MOOVN in accordance with the Platform Operators' instructions. You acknowledge that you have read this Agreement prior to your use of MOOVN Pay. Each time you use MOOVN Pay you confirm that you agree to be bound by the terms and conditions of this agreement and any subsequent amendments or modifications as may be made from time to time.

We may review these terms any time by posting an updated version on the platform sites. By continuing to use MOOVN PAY, you agree to that the amended terms will apply to you.

 

  1. MOOVN PAY SERVICES

MOOVN PAY services are services provided by Moovn Technologies LLC through its platforms (“NOOBEA” and “MOOVN”) to facilitate payments in connection with online transactions. Each of your online transactions in our platforms are subjected to these terms.

MOOVN PAY services are only available to the users of our platforms. A User may be a "Buyer" or a "Seller", as the case may be. If your subscription to any services of our platforms expires or is terminated for any reason, you will not be eligible to use MOOVN PAY services.

MOOVN PAY shall have the right to refuse to provide services for any Online Transaction if (a) the Online Transaction does not satisfy the terms and conditions in the applicable Transaction Services Agreement or the other applicable terms, rules and policies concerning the transaction services provided by the Platform Operators under the applicable Transaction Services Agreement in accordance with the Platform Operators’ instructions or (b) if MOOVN PAY has reasons to believe that the Online Transaction may violate any laws, rules or regulations or may otherwise subject MOOVN PAY to liability or obligation. MOOVN PAY is not obliged to provide services where the bank account designated by a Seller in an Online Transaction to receive the transaction price has not been verified and confirmed by MOOVN PAY

 

  1. MOOVN PAY ONLINE TRANSACTIONS

The Buyer in an online transaction shall pay the full transaction price listed for the online transaction to the Seller through the MOOVN PAY unless another option is made available directly on the relevant platform. When using MOOVN PAY to submit payment for an online transaction, payments are processed through accounts owned by MOOVN PAY with its registered third party service provider acting on behalf of MOOVN PAY and the relevant funds are received for the Seller in accordance with the applicable Transaction Services Agreement. The Seller hereby appoints MOOVN PAY as its agent for the limited purpose of receiving payments from Buyers. The Seller agrees that the Buyer’s full payment of the transaction price listed for the online transaction to MOOVN PAY constitutes final payment to the Seller extinguishing Buyer’s payment obligation to Seller as if the Buyer had paid the Seller directly, even if the payment is not yet received by Seller from MOOVN PAY. MOOVN PAY, and not the Buyer, is solely liable to the Seller for payment if MOOVN PAY fails to remit payments received from Buyer to the Seller. The payment must be made in US Dollars or any other currencies as supported by MOOVN PAY at the time of the transaction. Buyers will receive a receipt upon payment that will indicate that payment has been made on the applicable date.

 

MOOVN PAY shall promptly notify the relevant platform of the details of the payment upon receipt of the Buyer’s payment,.

MOOVN PAY shall retain the funds received in connection with an online transaction as instructed by the platform until, as agreed between the Seller and the relevant platform, the first of any of the following events occurs:

(a) The Buyer’s confirmation of a successful completion of the online transaction, in which case all the funds will be transferred to the Seller;

(b) The Buyer’s failure to confirm receipt of the goods or services within the time limit prescribed by the Seller and as agreed by the relevant platform, in which case all the funds will be transferred to Seller;

(c) Cancellation of the online transaction, in which case all the funds will be refunded to Buyer;

(d) The conclusion of any settlement agreement between the Buyer and the Seller, in which case the funds will be disposed in accordance with such settlement agreement;

(e) A dispute in relation to the services provided by the platform has been submitted to a platform operator and the Platform Operator’s determination has become final and binding according to the applicable Transaction Services Agreement, in which case the funds will be disposed in accordance with the platform operator’s determination;

(f) The Platform Operators or MOOVN PAY receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.

If you are a Buyer, you acknowledge and agree that MOOVN PAY is not holding any funds on your behalf or in any escrow or trust relationship with you.

If you are a Seller, you acknowledge and agree that you have requested that the settlement of funds to you be delayed as provided in this clause. Nothing in this clause shall affect the fact that Buyer's payment obligation for the online transaction is fully satisfied upon receipt of funds by MOOVN PAY

 

When releasing any funds to a user, MOOVN PAY shall have the right to deduct or withhold any financial charges or service fees due and payable to the relevant platform (if any) in such amounts as instructed by the relevant platform pursuant to the agreement between the Seller and the relevant platform.

Any unclaimed funds will be held by MOOVN PAY for a period of three (3) years or as otherwise instructed by the relevant platform, at the expiry of which time, the Seller will be deemed to have waived any claim in respect of such funds or, if required by applicable laws, we will transfer the funds (less any fees, if any and to the extent permitted under applicable laws) to the relevant competent authority. You hereby agree that upon expiry of such period or upon such transfer of such funds to the relevant competent authority, MOOVN PAY will be relieved of any further obligation to pay those unclaimed funds to you.

You acknowledge and agree that MOOVN PAY may receive interest on any funds held by it in performing its services. Any such interest is for the account of MOOVN PAY, and you will not receive interest or other profits in relation to the MOOVN PAY services.

In the event a Buyer selects to make payment by a debit or credit card in connection with an online transaction, the Buyer hereby authorizes MOOVN PAY to charge that card to obtain the necessary funds.

At checkout, a Buyer will have the option to store his debit or credit card details in his account with the relevant platform. In the event the Buyer selects such option, the information will be stored by MOOVN PAY on behalf of the platform. The Buyer hereby authorizes MOOVN PAY to collect and store his debit or credit card information.

 

 

  1. USER RESPONSIBILITIES

All online transactions are concluded by and between Users only. You shall complete the online transactions in accordance with the applicable Transaction Services Agreement and the relevant platform terms, rules and policies. You agree that you will not hold MOOVN PAY and our affiliate platforms liable for any online transaction or any products or services supplied under any online transaction.

You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for MOOVN PAY’s provision of its services. If your failure to do so results in any delay in the provision of MOOVN PAY services or cancellation of any online transaction, neither MOOVN PAY nor our affiliate platforms shall be liable for any loss or damages arising from such delay.

You represent and warrant that:

  1. a) You will use the MOOVN PAY services in good faith and in compliance with all applicable laws and regulations;
  2. b) The information and materials you provide in connection with the use of MOOVN PAY services is true, complete, lawful and accurate, and is not false, misleading or deceptive;
  3. c) You will not use MOOVN PAY services to defraud MOOVN PAY, our affiliates, other Users or any other person or engage in other unlawful activities (including dealing in products or services prohibited by law);
  4. d) If you are a Seller of products:

(i) You have the legitimate right and authorization to sell, distribute or export the products sold by you through the services provided by the platform and the sale of such products do not infringe any third party’s rights;

(ii) You have good title to the products sold in an online transaction, and the products meet all relevant descriptions and requirements;

(e) If you are a Seller of services, you will provide the services ordered with reasonable care and skills.

 

If in MOOVN PAY’s discretion based on reasonable evidence, any User is not acting in good faith, is abusing MOOVN PAY services, or is in breach of this agreement; MOOVN PAY shall have the right to request the relevant platform to cancel the online transaction.

You as the User shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products paid through MOOVN PAY or otherwise arising from the online transaction.

To the full extent permitted by applicable law, you agree to indemnify MOOVN PAY, our affiliate platforms and our employees, directors, officers, agents and representatives (“MOOVN PAY Indemnified persons”) and to hold them harmless from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of MOOVN PAY or from your breach of this Agreement. MOOVN PAY reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with MOOVN PAY in asserting any available defenses.

 

  1. PERSONAL DATA PRIVACY

You agree that we may collect, hold, use and transfer your personal data in accordance with our Privacy Policy.

 

  1. SYSTEM SUSPENSION

If you are unable to use MOOVN PAY directly or indirectly due to either system suspension which has been announced by MOOVN PAY in advance, or any Force Majeure Event, you agree that to the full extent permitted by applicable law you will not hold the MOOVN PAY Indemnified Persons liable for any default, delay or failure in performing its obligations under this Agreement:

 

  1. DISCLAIMER AND LIMITATION OF LIABILITY

To the full extent permitted by applicable law MOOVN PAY shall only be liable for the obligations expressly set forth in this Agreement.

You agree that all disputes from the online transaction shall be a matter solely between you and your counter party.

Users’ information is provided by the Users themselves. MOOVN PAY makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.

Except as expressly provided in this Agreement and to the full extent permitted by applicable law, MOOVN PAY makes no warranty regarding its services or any products or services supplied by the Sellers under any online transaction, including to:

  1. a) MOOVN PAY meeting your requirements;
  2. b) MOOVN PAY services being uninterrupted, timely or error free; or
  3. c) Any products, information, materials or services obtained by you in connection with the MOOVN PAY meeting your requirements.

Any information, proposal or materials that you may obtain from MOOVN PAY Indemnified Persons or through the use of MOOVN PAY services, whether in writing or oral, shall not constitute MOOVN PAY’s warranty regarding MOOVN PAY services.

 

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW MOOVN PAY SERVICES ARE PROVIDED ON AN "AS IS","AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS ORIMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOOVN PAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE MOOVN PAY SERVICES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOOVN PAY INDEMNIFIED PERSONS ARISING FROM MOOVN PAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT MOOVN PAY MAY DERIVE FROM SUCH TRANSACTION.

 

By using MOOVN PAY, you acknowledge and agree that MOOVN PAY is not a bank or remittance agent and MOOVN PAY services should in no way be construed as the provision of banking services or remittance services. MOOVN PAY is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with MOOVN PAY. MOOVN PAY does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the respective platforms.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

If you have a dispute with any other party, you release MOOVN PAY Indemnified Persons from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.”

 

  1. FORCE MAJEURE

Neither you, your affiliates or agents (“User Indemnified Persons”) or MOOVN Indemnified Persons (each of the User Indemnified Persons and MOOVN PAY Indemnified Persons being a “Person”) shall be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of such Person, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute (whether or not employees’ demands are reasonable or within the Person’s power to satisfy), (v) acts or omissions of a government authority prohibiting or impeding the affected person from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or (vi) the non-performance by a third party for any similar cause beyond the reasonable control of the Person (collectively, a “Force Majeure Event”). If a Force Majeure Event occurs, the non-performing party to this Agreement will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance.

 

  1. GENERAL PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Except for the limited purpose of processing payments as agent of Sellers in accordance with clause 2 of Moovn Pay terms and conditions, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Any failure by MOOVN PAY to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

MOOVN PAY shall have the right to assign and transfer this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. MOOVN PAY may delegate any of MOOVN PAY's rights and responsibilities under this Agreement to independent contractors or other third parties. A User may not assign, in whole or part, this Agreement to any person or entity. 

 

 

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PRIVACY POLICY

NOOBEA is dedicated to protecting your personal information and informing you how we use it. This privacy policy applies to any and all transactions, activities and data gathered through the NOOBEA platform. Please review this privacy policy periodically as NOOBEA may revise it without notice. Each time you use your account, use NOOBEA services or provide NOOBEA with information, by doing so you are accepting the practices described in this privacy policy.

 

  1. DATA WE COLLECT FROM YOU

In order to operate NOOBEA and to provide you with information about products or services that may be of interest to you, NOOBEA may collect “personal information” (i.e. information that could be used to contact you directly (without using the NOOBEA services) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). NOOBEA will also collect the contact information of your friends, if you choose to connect your contacts and address book information with NOOBEA and your login credentials to your social network accounts, such as Facebook and Twitter or Instagram, if you choose to connect those accounts with your NOOBEA account. You represent and warrant that you have the authority to provide NOOBEA with any such contact information. Demographic information is divided into two categories:

“non-public information”, which consists of trade transaction information and one-on-one communications between you and other Users of NOOBEA; and

“public information”, which consists of all other demographic information.

Please note that nowhere on the NOOBEA Platform does NOOBEA knowingly collect, keep or maintain personal information from children under the age of 18, as NOOBEA require that all users represent to us that they are at least 18 years old.

 

  1. HOW WE USE PERSONAL INFORMATION

We use your email address and your other personal information to help us efficiently operate NOOBEA, to contact you in connection with your transactions and other activities provided by NOOBEA (including, but not limited to, confirmation emails, or important news that could affect your relationship with NOOBEA), to forward your transaction information to you from other Users, to forward your profile’s important activities to you from other Users, to forward sales and purchases preferences information from you to other Users, and to contact you and others to suggest potential matches. We use your contact information to find and connect with your friends (when instructed by you). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

 

To operate NOOBEA, including processing your transactions and supporting your activities on the NOOBEA Platform, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use your information for any other purpose.

 

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties of NOOBEA, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discounts or rewards programs), offered or sponsored by third parties on NOOBEA, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.

 

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

 

  1. HOW WE USE DEMOGRAPHIC DATA

We may review all demographic Data. We may use public information to enable other users to search your profile, to determine whether your trip details fit other user's requirements, and to communicate with you. We may use demographic information to tailor NOOBEA and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to you as a user of NOOBEA. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular NOOBEA Users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group.

 

 

  1. HOW TO EDIT YOUR INFORMATION

NOOBEA provides you with the ability to access and edit your personal information. To update your personal info, click Settings in the NOOBEA menu. There you can view, update and correct your account information.

So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself.

Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remain in our databases and become the property of NOOBEA upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.

 

  1. INFORMATION RETENTION

To preserve the integrity of our databases, standard procedure calls for NOOBEA to retain information submitted by members for an indefinite length of time. NOOBEA understands your submissions as consent to store all your information in one place for this indefinite length of time, if we so wish. If required by law, as is the case to comply with the Children's Online Privacy Protection Act (COPPA), NOOBEA will nullify member information by erasing it from our database. NOOBEA will also respond to written member requests to nullify account information. Also, by using NOOBEA, you do hereby represent and warrant that you understand and agree that all information submitted by you through NOOBEA or otherwise to NOOBEA becomes the property of NOOBEA and may be used in the sole discretion of NOOBEA in accordance with this Privacy Policy and the Terms of Use.

CHOICE/OPT-OUT

NOOBEA provides Users the opportunity to opt-out of receiving communications from NOOBEA and our partners at the point where we request information about the visitor. NOOBEA gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service.

 

  1. SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION

Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. NOOBEA may also disclose personal information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of NOOBEA or other visitors to NOOBEA. NOOBEA also may disclose your personal information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom NOOBEA is under common corporate control. Whenever personal information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information or non-anonymous demographic information from NOOBEA will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

 

  1. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

NOOBEA may contain links to other websites. NOOBEA is not responsible for the privacy practices of other web sites. NOOBEA encourages Users to be aware when they leave the NOOBEA Account to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the NOOBEA Platform.

CHANGING OUR PRIVACY POLICY FOR PREVIOUSLY GATHERED INFORMATION

If at any point NOOBEA decides to use particular personally identifiable information in a manner materially different from that stated at the time it was collected, NOOBEA will notify Users by way of an email or by providing 30 days notice on the NOOBEA Platform. We also encourage you to review this privacy policy periodically. By using NOOBEA, you do hereby represent and warrant that you have read, understand and agree to all terms of Agreement. Each time you use NOOBEA, you agree to all the terms set forth in this Agreement and any other policies published by NOOBEA on the NOOBEA Platform. Please note that NOOBEA will continue to have the right to change its privacy policy and practices, and how NOOBEA uses your personally identifiable information, without notice, as described in herein, provided that such changes shall only apply to information gathered on or after the date of the change.

 

CONTACTING NOOBEA

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to legal@noobea.com.

 

 

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MOOVN PAY TERMS

By using MOOVN PAY services you acknowledge and allow MOOVN PAY to perform services to you as a user of the NOOBEA of MOOVN platforms to support your online transactions concluded on and through NOOBEA and/or MOOVN in accordance with the Platform Operators' instructions. You acknowledge that you have read this Agreement prior to your use of MOOVN Pay. Each time you use MOOVN Pay you confirm that you agree to be bound by the terms and conditions of this agreement and any subsequent amendments or modifications as may be made from time to time.

We may review these terms any time by posting an updated version on the platform sites. By continuing to use MOOVN PAY, you agree to that the amended terms will apply to you.

 

  1. MOOVN PAY SERVICES

MOOVN PAY services are services provided by Moovn Technologies LLC through its platforms (“NOOBEA” and “MOOVN”) to facilitate payments in connection with online transactions. Each of your online transactions in our platforms are subjected to these terms.

MOOVN PAY services are only available to the users of our platforms. A User may be a "Buyer" or a "Seller", as the case may be. If your subscription to any services of our platforms expires or is terminated for any reason, you will not be eligible to use MOOVN PAY services.

MOOVN PAY shall have the right to refuse to provide services for any Online Transaction if (a) the Online Transaction does not satisfy the terms and conditions in the applicable Transaction Services Agreement or the other applicable terms, rules and policies concerning the transaction services provided by the Platform Operators under the applicable Transaction Services Agreement in accordance with the Platform Operators’ instructions or (b) if MOOVN PAY has reasons to believe that the Online Transaction may violate any laws, rules or regulations or may otherwise subject MOOVN PAY to liability or obligation. MOOVN PAY is not obliged to provide services where the bank account designated by a Seller in an Online Transaction to receive the transaction price has not been verified and confirmed by MOOVN PAY

 

  1. MOOVN PAY ONLINE TRANSACTIONS

The Buyer in an online transaction shall pay the full transaction price listed for the online transaction to the Seller through the MOOVN PAY unless another option is made available directly on the relevant platform. When using MOOVN PAY to submit payment for an online transaction, payments are processed through accounts owned by MOOVN PAY with its registered third party service provider acting on behalf of MOOVN PAY and the relevant funds are received for the Seller in accordance with the applicable Transaction Services Agreement. The Seller hereby appoints MOOVN PAY as its agent for the limited purpose of receiving payments from Buyers. The Seller agrees that the Buyer’s full payment of the transaction price listed for the online transaction to MOOVN PAY constitutes final payment to the Seller extinguishing Buyer’s payment obligation to Seller as if the Buyer had paid the Seller directly, even if the payment is not yet received by Seller from MOOVN PAY. MOOVN PAY, and not the Buyer, is solely liable to the Seller for payment if MOOVN PAY fails to remit payments received from Buyer to the Seller. The payment must be made in US Dollars or any other currencies as supported by MOOVN PAY at the time of the transaction. Buyers will receive a receipt upon payment that will indicate that payment has been made on the applicable date.

 

MOOVN PAY shall promptly notify the relevant platform of the details of the payment upon receipt of the Buyer’s payment,.

MOOVN PAY shall retain the funds received in connection with an online transaction as instructed by the platform until, as agreed between the Seller and the relevant platform, the first of any of the following events occurs:

(a) The Buyer’s confirmation of a successful completion of the online transaction, in which case all the funds will be transferred to the Seller;

(b) The Buyer’s failure to confirm receipt of the goods or services within the time limit prescribed by the Seller and as agreed by the relevant platform, in which case all the funds will be transferred to Seller;

(c) Cancellation of the online transaction, in which case all the funds will be refunded to Buyer;

(d) The conclusion of any settlement agreement between the Buyer and the Seller, in which case the funds will be disposed in accordance with such settlement agreement;

(e) A dispute in relation to the services provided by the platform has been submitted to a platform operator and the Platform Operator’s determination has become final and binding according to the applicable Transaction Services Agreement, in which case the funds will be disposed in accordance with the platform operator’s determination;

(f) The Platform Operators or MOOVN PAY receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.

If you are a Buyer, you acknowledge and agree that MOOVN PAY is not holding any funds on your behalf or in any escrow or trust relationship with you.

If you are a Seller, you acknowledge and agree that you have requested that the settlement of funds to you be delayed as provided in this clause. Nothing in this clause shall affect the fact that Buyer's payment obligation for the online transaction is fully satisfied upon receipt of funds by MOOVN PAY

 

When releasing any funds to a user, MOOVN PAY shall have the right to deduct or withhold any financial charges or service fees due and payable to the relevant platform (if any) in such amounts as instructed by the relevant platform pursuant to the agreement between the Seller and the relevant platform.

Any unclaimed funds will be held by MOOVN PAY for a period of three (3) years or as otherwise instructed by the relevant platform, at the expiry of which time, the Seller will be deemed to have waived any claim in respect of such funds or, if required by applicable laws, we will transfer the funds (less any fees, if any and to the extent permitted under applicable laws) to the relevant competent authority. You hereby agree that upon expiry of such period or upon such transfer of such funds to the relevant competent authority, MOOVN PAY will be relieved of any further obligation to pay those unclaimed funds to you.

You acknowledge and agree that MOOVN PAY may receive interest on any funds held by it in performing its services. Any such interest is for the account of MOOVN PAY, and you will not receive interest or other profits in relation to the MOOVN PAY services.

In the event a Buyer selects to make payment by a debit or credit card in connection with an online transaction, the Buyer hereby authorizes MOOVN PAY to charge that card to obtain the necessary funds.

At checkout, a Buyer will have the option to store his debit or credit card details in his account with the relevant platform. In the event the Buyer selects such option, the information will be stored by MOOVN PAY on behalf of the platform. The Buyer hereby authorizes MOOVN PAY to collect and store his debit or credit card information.

 

 

  1. USER RESPONSIBILITIES

All online transactions are concluded by and between Users only. You shall complete the online transactions in accordance with the applicable Transaction Services Agreement and the relevant platform terms, rules and policies. You agree that you will not hold MOOVN PAY and our affiliate platforms liable for any online transaction or any products or services supplied under any online transaction.

You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for MOOVN PAY’s provision of its services. If your failure to do so results in any delay in the provision of MOOVN PAY services or cancellation of any online transaction, neither MOOVN PAY nor our affiliate platforms shall be liable for any loss or damages arising from such delay.

You represent and warrant that:

  1. a) You will use the MOOVN PAY services in good faith and in compliance with all applicable laws and regulations;
  2. b) The information and materials you provide in connection with the use of MOOVN PAY services is true, complete, lawful and accurate, and is not false, misleading or deceptive;
  3. c) You will not use MOOVN PAY services to defraud MOOVN PAY, our affiliates, other Users or any other person or engage in other unlawful activities (including dealing in products or services prohibited by law);
  4. d) If you are a Seller of products:

(i) You have the legitimate right and authorization to sell, distribute or export the products sold by you through the services provided by the platform and the sale of such products do not infringe any third party’s rights;

(ii) You have good title to the products sold in an online transaction, and the products meet all relevant descriptions and requirements;

(e) If you are a Seller of services, you will provide the services ordered with reasonable care and skills.

 

If in MOOVN PAY’s discretion based on reasonable evidence, any User is not acting in good faith, is abusing MOOVN PAY services, or is in breach of this agreement; MOOVN PAY shall have the right to request the relevant platform to cancel the online transaction.

You as the User shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products paid through MOOVN PAY or otherwise arising from the online transaction.

To the full extent permitted by applicable law, you agree to indemnify MOOVN PAY, our affiliate platforms and our employees, directors, officers, agents and representatives (“MOOVN PAY Indemnified persons”) and to hold them harmless from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of MOOVN PAY or from your breach of this Agreement. MOOVN PAY reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with MOOVN PAY in asserting any available defenses.

 

  1. PERSONAL DATA PRIVACY

You agree that we may collect, hold, use and transfer your personal data in accordance with our Privacy Policy.

 

  1. SYSTEM SUSPENSION

If you are unable to use MOOVN PAY directly or indirectly due to either system suspension which has been announced by MOOVN PAY in advance, or any Force Majeure Event, you agree that to the full extent permitted by applicable law you will not hold the MOOVN PAY Indemnified Persons liable for any default, delay or failure in performing its obligations under this Agreement:

 

  1. DISCLAIMER AND LIMITATION OF LIABILITY

To the full extent permitted by applicable law MOOVN PAY shall only be liable for the obligations expressly set forth in this Agreement.

You agree that all disputes from the online transaction shall be a matter solely between you and your counter party.

Users’ information is provided by the Users themselves. MOOVN PAY makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.

Except as expressly provided in this Agreement and to the full extent permitted by applicable law, MOOVN PAY makes no warranty regarding its services or any products or services supplied by the Sellers under any online transaction, including to:

  1. a) MOOVN PAY meeting your requirements;
  2. b) MOOVN PAY services being uninterrupted, timely or error free; or
  3. c) Any products, information, materials or services obtained by you in connection with the MOOVN PAY meeting your requirements.

Any information, proposal or materials that you may obtain from MOOVN PAY Indemnified Persons or through the use of MOOVN PAY services, whether in writing or oral, shall not constitute MOOVN PAY’s warranty regarding MOOVN PAY services.

 

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW MOOVN PAY SERVICES ARE PROVIDED ON AN "AS IS","AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS ORIMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOOVN PAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE MOOVN PAY SERVICES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOOVN PAY INDEMNIFIED PERSONS ARISING FROM MOOVN PAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT MOOVN PAY MAY DERIVE FROM SUCH TRANSACTION.

 

By using MOOVN PAY, you acknowledge and agree that MOOVN PAY is not a bank or remittance agent and MOOVN PAY services should in no way be construed as the provision of banking services or remittance services. MOOVN PAY is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with MOOVN PAY. MOOVN PAY does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the respective platforms.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

If you have a dispute with any other party, you release MOOVN PAY Indemnified Persons from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.”

 

  1. FORCE MAJEURE

Neither you, your affiliates or agents (“User Indemnified Persons”) or MOOVN Indemnified Persons (each of the User Indemnified Persons and MOOVN PAY Indemnified Persons being a “Person”) shall be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of such Person, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute (whether or not employees’ demands are reasonable or within the Person’s power to satisfy), (v) acts or omissions of a government authority prohibiting or impeding the affected person from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or (vi) the non-performance by a third party for any similar cause beyond the reasonable control of the Person (collectively, a “Force Majeure Event”). If a Force Majeure Event occurs, the non-performing party to this Agreement will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance.

 

  1. GENERAL PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Except for the limited purpose of processing payments as agent of Sellers in accordance with clause 2 of Moovn Pay terms and conditions, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Any failure by MOOVN PAY to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

MOOVN PAY shall have the right to assign and transfer this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. MOOVN PAY may delegate any of MOOVN PAY's rights and responsibilities under this Agreement to independent contractors or other third parties. A User may not assign, in whole or part, this Agreement to any person or entity. 

 

 

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EXCHANGE, RETURN AND REFUND POLICY.

We would like for you to be completely happy with every purchase you make on the NOOBEA platform, however this might not be the case each time. If you would like to return of product(s) purchased on the NOOBEA platform, take a look at our policies below. These policies will be reviewed from time to time without notice to you.

Exchanges

In the unlikely event that you receive a damaged or defective item, we’re happy to exchange the item for a new or a different one. For exchanges please contact us through support@noobea.com Please email within 48 hours of receiving your product to begin the process.

Returns

Our policy lasts 30 days from the date the return request was initiated. We will accept return requests for items that are unopened, unused, with their original tags still intact. The product(s) must be in their original packaging and in the same condition it was received.

We do not accept returns for perishable items, intimate items, gift cards, and beauty items.

If you wish to return your item, we must receive your request within 24 hours of the date of delivery. We cannot offer you a refund or exchange if 2 days have passed since your purchase.

Return Shipping

After you’ve submitted a return request to support@noobea.com, we will send you a tracking label. Please print it out and affix to your package. You are responsible for paying for the return shipping costs. In the event of a refund NOOBEA shall deduct the cost of return shipping from your refund.

Insurance

If you’re shipping an item over $75, consider purchasing shipping insurance or use a traceable delivery agent to ensure it arrives.

Refunds

NOOBEA will accept refund requests if

  1. You did not receive an item.
  2. You received the item later than the maximum estimated delivery date provided by the Seller.
  3. You received the item, but it was defective, damaged, had missing parts, or was materially different from the item depicted in your description.
  4. You returned the item per their agreement with the Seller.
  5. You believe that you were charged an amount greater than the amount authorized for the purchase.

Once your refund request is received NOOBEA will review and inspect the evidence before processing the refund. We will send a confirmation email to let you know if you refund was approved.

If approved, the money will be refunded to your original method of payment within 14 days. All payment companies are different in the amount of time it takes to confirm a payment, so it will likely take a few days for the refund to show up in your bank account.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at

support@noobea.com

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to their address to give to you later, we will send a refund to the gift giver and he will find out about your return.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.