Neworkom Local App

Users Terms

NWK Local App User Terms and Conditions

 

Date: 14 November 2019

Version 1.1

Introduction 

NWK Local Application 

A Non-Registered User 

Registered Users 

Reviews 

Relationship between the User, Merchant and the Company 

Relationship with third Party Services 

Usage of this App 

Term and Termination 

Intellectual Property Rights 

Users Responsibilities 

Restrictions 

Severability 

Modifications and Variations 

Applicable Laws and Jurisdiction 

Limitation of Liability 

Assignment 

General Clauses 

Entire Agreement 

 

 

Introduction

 

Welcome to the NWK Local App.

Please note that the following are the terms and conditions for the usage of the NWK Local App specifically relating to the usage of the user in relation to his usage of this app.

This is a legally binding instrument between the company Neworkom International Ltd, with company number: C90224 having its official address at Smart City Malta, Building SCM 001, Level 5, Ricasoli, Kalkara, SCM 1001, Malta (referred to as “the company”, “us”, “we”), and the user making use and joining the NWK Local app (referred to as ‘the user’, ‘registered user’, ’you’, ‘he/she’).

 

 

NWK Local Application

 

The Company is the owner of the NWK Local Application whereby the merchant may feature and promote his products or service provided, and the user may search the preferred merchant as per the geolocation and his interests.

The main objective of NWK's Location App is to provide an additional and more convenient service to users to find and explore various merchant options available near to them, by using the Maps Api to find the merchant of interest of the user which is of the shortest distance or else to help the user navigate to his preferred merchant. Therefore users will be able to search for merchants from the map by geolocating, searching for them by name or category.

The user will be able to view a description of the merchants activity and of being able to view photos posted by the merchant on his/her activity / showcase. The user will also be able to read the reviews, and registered users may also review the service/products provided by the merchants.

The user shall also have the option of saving in the favourite list and share via the enabled social networks.

This online platform shall have the following features:

a) Allow registered users to register a Merchant account;

b) Allow user (registered and non-registered) to search for Shops by location and category;

c) Preview the showcase uploaded by the merchant of their shop and data;

d) Allow registered users to give Shops feedback, save the shop to favorite and share it with friends through their social network accounts.

e) Reach the Shop (through Maps);

f) English and Italian version;

 

 

A Non-Registered User

 

A user may choose to either be a user or a registered user. A user is considered a non-registered user where such user does not fill up the required form provided online under the log in/Register button. Until the user is a non-registered user, he may view all the information published on the NWK Local App, and still be able to preview adverts done by Merchants on the NWK Local App however he may not enjoy all the adverts published online since some/most of the adverts may be solely for the registered user. This is later on explained in these Terms and Conditions under the section: Registered Users

 

 

Registered Users

 

A user becomes a registered user by pressing the Sign up button found on the NWK Local App. A user who already has an account may enter his mail and password in the form provided online. A new user may register to become a registered user, by filling up all information listed in the registration form. Users under the age of 16 years of age are prohibited from becoming a registered user, so it is the responsibility of the user not to register if he is less than 16 years of age.

The form to be filled up will include:

  1. The name of the User;

  2. The Surname of the User;

  3. The Selfie of the User;

  4. The email;

  5. The Whatsapp contact number (if in possession);

  6. A Username;

  7. Password;

All the information provided by the registered user shall be registered and preserved as per the Privacy Policy published on this website. A registered user will have these additional functions:

  1. The possibility to mark a merchant as a favourite merchant;

  2. The possibility to write reviews for merchants;

  3. Sharing on social media;

  4. Possibility of better discounts depending on the merchant’s offers;

The user should be informed that the company is not responsible for the truthfulness of the information that will be provided by the merchants, even if it will commit itself to the maximum of its abilities in the initial phase of information loading to guarantee information as true as possible. Nor is Neworkom International Ltd responsible for the truthfulness of the advertisements that will be uploaded to the platform, about discounts and promotions. The company is not responsible for the reviews left by registered users either.

 

 

Reviews

 

In case of high negative reviews towards a merchant, about the truthfulness of the descriptive information, the promotional information and the images provided, the company will undertake to contact him to get explanations about his work.

The company reserves the rights to take all the actions necessary to remedy such negative activity, as explained in these terms and conditions.

The company undertakes to contact the registered user who does not use appropriate language in his reviews, and / or the user who is reported by multiple merchants for providing false information during the review.

 

 

Relationship between the User, Merchant and the Company

 

The merchants present on the platform have no exclusive contract with the Neworkom International Ltd company for which these activities, their products and the same promotions could also be found externally from the NWK Local App.

The company is not responsible in any way for the control of the quality of the products and services offered by merchants. The company does not carry out any type of control and is not responsible in any way for the content of the reviews that will be published by users registered on the social networks, whether they are positive / negative, truthful / untrue.

Any reference to the fact that a user is registered (or similar) indicates only that the user has completed the relevant verification or identification procedure and nothing else. This indication does not constitute an endorsement, certification or warranty by Neworkom International Ltd with respect to any Member, including with respect to the identity or personal background of such user or the fact that the user is reliable, safe or adequate.

To promote the NWK Local App and increase the exposure of Ads to potential new Merchants / Users, Ads and other Merchant Content can be viewed on other websites, in applications, within email and in online and offline advertising.

 

 

Relationship with third Party Services

 

The NWK Local App Platform may contain links to third party websites or resources ("Third Party Services"). These Third Party Services may be subject to different terms and conditions and different data protection practices. Neworkom International Ltd is not responsible for the availability or accuracy of such Third Party Services or for the content, products or services available through such Third Party Services. The links to such Third Party Services does not constitute an endorsement by Neworkom International Ltd of such services.

 

 

Usage of this App

 

  1. By registering to the NWK Local app, the registered user is agreeing that his personal data will be stored in Neworkom’s database, and such data may be used by this website and other affiliates of Neworkom as per the privacy policy agreement.

  2. No warranty of any kind is given with respect to the operation system as far as reliability, stability, or quality. Thus the program operator, or its associates will not be responsible for any breakdown, or loss which may be incurred whether directly or indirectly due to the use of this website. This shall include, but is not limited to any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, or any other inconveniences.

  3. When we believe that there is a breach of this contract, Neworkom International Ltd shall have the right to take disciplinary actions it deems appropriate. An example of the disciplinary actions that may be taken are the following:

The suspension or/and termination of the user’s account, and any other account relating to Neworkom;

  1. Restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

  2. The removal of any product listing or other content submitted by the userr;

  3. Imposing restrictions on the content the user may submit;

  4. Any other corrective actions, discipline or penalties as Neworkom International Ltd may deem necessary or appropriate in its sole discretion.

 

k) Without limitation, a registered user may be considered in breach of these terms in any of the following however not limited to the following:

 

a. The suspicion that the user has submitted any other false or misleading

information; or

 

b. Neworkom International Ltd has reasonable grounds to suspect that any information provided by the user is not current or complete or is untrue, inaccurate, or misleading; or

 

c. Neworkom International Ltd believes that the user’s actions may cause financial loss or legal liability to Neworkom International Ltd or our affiliates or any other Merchants.

 

 

Term and Termination

 

The registered user once registered may automatically keep making use of his account for an indefinite period. The registered user who does not make use of his profile for a continuous period of two years, an email will be sent to such user stating that his account will be closed and his data deleted with ten consecutive days unless the user accesses his account.

The registered user may at any time decide to terminate his registration by sending an email on support@neworkom.com stating that no longer wishes to be considered as a registered user. This process may take up to seven working days for such information and account to be cancelled. The user may also choose to terminate his subscription by pressing cancel account link. An automatic reply by email will be sent informing you that such changes have been effected.

The website operator may also terminate this agreement at any time for cause due to violation of this agreement or/and the Terms and Conditions of the NWK Local app, and such registered user shall receive a notice advising him/her of his/her breach of such conditions and termination/suspension of such an agreement as per the terms and conditions herein.

 

 

Intellectual Property Rights

 

  1. We, and our licensors are the owners of all copyright, material and intellectual property rights found in this website.

  2. All copyright and other intellectual rights in our website are reserved.

 

 

Users Responsibilities

 

a) As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Site’s services.

b) You agree not to undertake any action to undermine the reliability of the computer systems or networks of the webpage and/or any other Merchant nor to gain unauthorised access to such computer systems or networks.

c) Neworkom International Ltd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Neworkom International Ltd may disclose the registered user’s identity, contact information and/or information regarding the user account(s) or activities carried out on or via the Site, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Neworkom International Ltd shall not be liable for damages or results arising from such disclosure, and the user agrees not to bring any action or claim against Neworkom International Ltd for such disclosure.

 

 

Restrictions

 

You are expressly and emphatically restricted from all of the following:

  1. Sell, use or sub-license any of the website’s material;

  2. Use the website in any manner which may be harmful to the website;

  3. Using this Website in any way that impacts access to this Website;

  4. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  5. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  6. Using this Website to engage in any advertising or marketing;

  7. Certain areas of this Website are restricted from access by you and Neworkom International Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

 

 

Severability

 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such non enforceable provisions or invalidity shall not render this Terms/agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

 

Modifications and Variations

 

The company may, from time to time and at any time modify these terms and conditions and you agree that the company has the right to modify this agreement or revise anything contained herein on its sole discretion. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the Website and that modification or variations will replace any prior version of this agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement. If we update or replace the terms and conditions we will let you know via electronic means, which may include an email. If you do not agree to the updated version or replacement of this agreement, you may choose to terminate this agreement.

The user is of knowledge and agrees that such modifications may be retrospective if and when allowed by the law and such retrospective modifications will be in full force and effect immediately upon posting on the website.

The parties here agree that in the event any article or part thereof of this agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provisions shall remain in full force and effect.

You also agree to routinely monitor this agreement and refer to the effective date posted at the top of this agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this agreement.

 

 

Applicable Laws and Jurisdiction

 

This agreement shall be governed by the laws of Malta, and any disputes shall be decided by the Maltese Courts.

 

 

Limitation of Liability

 

The company is not liable for any damages that may occur to you as result of your participation in the NWK Local App, to the fullest extent permitted by law. This section implies to any and all claims which may be done by the user or merchant included, but not limited to, loss of profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.

 

 

Assignment

 

Neworkom International Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

 

General Clauses

 

All communications made or notices given pursuant to this agreement shall be in the English language. The correct version and the version that governs your use of the services is that provided by the English language, and other versions provided are made for convenience only.

The failure to enforce any provision of this agreement shall not constitute a waiver of any future enforcement of that same provision, or of any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any part or sub-part.

Headings of parts and subparts under this agreement are for convenience and organisation, ONLY. Headings shall not affect the meaning of any provision of this agreement.

The Company is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to act of God, acts of civil authorities. Acts of military authorities, riots, embargoes, acts of nature and natural disasters and other acts which may be due to unforeseen circumstances.

 

Electronic communications are permitted to both parties under this agreement, including e-mail. For any questions or concerns, please email us at the following address: support@neworkom.com.

 

 

Entire Agreement

 

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Neworkom International and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

 

 


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