Terms of Service for Nomshah Store

Last Updated: 23 April 2024

Welcome to Nomshah Store ("Nomshah", "we", "us", "our"). These Terms of Service ("Terms") govern your use of the Nomshah website, mobile applications, and services (collectively, the "Platform"). Nomshah is a clothing marketplace based in the United Kingdom where individuals and businesses can list and sell their products online.

By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Platform.

1. Definitions

• "Platform" refers to the Nomshah website, mobile applications, and any associated services.
• "User" refers to any individual or entity accessing or using the Platform. This includes Buyers and Sellers.
• "Seller" refers to any User who lists, offers for sale, or sells products on the Platform.
• "Buyer" refers to any User who browses, views, or purchases products on the Platform.
• "Content" means any text, graphics, images, music, software, audio, video, information or other materials, including but not limited to product listings, reviews, and messages.
• "Nomshah" (also "we", "us", "our") refers to the entity providing the Platform.

2. Account Registration and Use

• Users must be at least 18 years old to create an account and use our Platform.
• You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.
• You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• You may not use the Platform for any illegal or unauthorised purpose, nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of the United Kingdom.
• Nomshah reserves the right to suspend or terminate accounts of Users who violate these Terms, engage in fraudulent or illegal activities, or otherwise misuse the Platform.

3. Listing, Selling, and Purchasing

• For Sellers:
  • You are responsible for the accuracy, content, and legality of the items listed, including descriptions, prices, images, and compliance with all applicable UK laws and regulations (e.g., Consumer Rights Act 2015).
  • You must own or have the legal right to sell any items you list on the Platform. The sale of counterfeit, illegal, or prohibited items is strictly forbidden.
  • You must fulfil orders promptly, accurately, and professionally.
  • Nomshah may charge fees or commissions on sales made through the Platform. These fees will be clearly communicated to Sellers and may be updated from time to time.
• For Buyers:
  • You are responsible for carefully reviewing product listings, including descriptions, images, and Seller policies, before making a purchase.
  • You must complete payment for purchased items promptly and in accordance with Nomshah's payment policies.
• Platform Role:
  • Nomshah provides a platform for Buyers and Sellers to connect. Nomshah is not directly involved in the transaction between Buyers and Sellers, except to provide the technological platform and facilitate payments where applicable.
  • Nomshah does not pre-screen all listings or Content and is not responsible for the quality, safety, legality, or accuracy of items sold on the Platform. Buyers purchase products at their own risk. We encourage Users to communicate directly for any clarifications.
  • Disputes between Buyers and Sellers should be resolved directly between them. Nomshah may, at its discretion, offer assistance in resolving disputes but is under no obligation to do so.

4. Intellectual Property

• The Platform and its original content (excluding Content provided by Users), features, and functionality are and will remain the exclusive property of Nomshah and its licensors.
• Users must respect the intellectual property rights of others. You must not infringe upon the copyrights, trademarks, or other intellectual property rights of third parties when using the Platform.
• By posting Content on the Platform, you grant Nomshah a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Nomshah or the Platform in general, in any formats and through any channels.
• You represent and warrant that you own or have the necessary rights to the Content you post and that its use by Nomshah as described above will not infringe or violate the rights of any third party.

5. User Conduct and Prohibited Activities

• You agree not to engage in any of the following prohibited activities:
  • Violating any applicable local, national, or international law or regulation.
  • Posting false, inaccurate, misleading, defamatory, or libellous content.
  • Distributing spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
  • Using the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform.
  • Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent.

6. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and share your personal information. Please review our Privacy Policy carefully.

7. Limitation of Liability

• To the fullest extent permitted by applicable UK law, Nomshah shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
  • (a) your access to or use of or inability to access or use the Platform;
  • (b) any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other Users or third parties;
  • (c) any content obtained from the Platform; or
  • (d) unauthorised access, use, or alteration of your transmissions or content.
• Nomshah does not guarantee the availability, accuracy, or reliability of its Platform. Users access the Platform at their own risk.
• Nomshah's total liability to you for any claim arising out of or relating to these Terms or the Platform will not exceed the greater of one hundred pounds sterling (£100) or the amount of fees paid by you to Nomshah in the 12 months prior to the action giving rise to liability.

8. Indemnification

You agree to defend, indemnify, and hold harmless Nomshah and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, your Content, or your violation of these Terms.

9. Amendments to these Terms

Nomshah reserves the right to modify or replace these Terms at any time, at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform.

10. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any dispute arising from, or related to, these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and Nomshah concerning your use of the Platform and supersede all prior agreements and understandings, whether written or oral, concerning the subject matter.

14. Contact Information

If you have any questions about these Terms of Service, or for general inquiries, please contact us at: contact@nomshah.com.

For customer support or to report complaints, please email: customersupport@nomshah.com.

By using Nomshah's Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.