Terms and Conditions

TERMS OF USE

Welcome to the nCashdeals (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully.

ACCEPTANCE OF TERMS OF USE

Nucleus Vision (“Nucleus Vision” “we" or “us” or “our”) owns and operates the Website, www.nCashdeals.com (“Website”), any Websites we have now or in the future that reference these Terms of Use. By (a) using the Website and services through the Website, (b) signing up for an account and/or (c) completing a purchase on the Website, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. By entering your email, logging into your account, or accepting notifications, you agree to receive personalized nCash deals each day. You may unsubscribe at any time.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE WEBSITE AND DO NOT USE ANY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE WEBWEBSITE.

 

ABOUT THE WEBSITE

The Website is a platform through which certain merchants (“ Merchants ”) sell vouchers for goods, services, or experiences (“ Vouchers ”), sell travel goods and services (“ Getaways ”), sell gift cards (“ Merchant Gift Cards ”), sell goods and services directly to you (“ Merchant Products ”), make available coupons, promotional codes, giveaways, samples, and offers for software downloads (“ Coupons ”), sell dining experiences for specific dates and times (" Reservations"), sell food, beverage and other products for delivery and takeout (“ Online Ordering ”), make available certain offers, including “ card linked deals ” (as defined in the Special Programs section of the Terms of Use), and sell salon and spa services for specific dates and times (“ Salon and Spa Bookings ”), collectively all referred as Merchant Offerings. Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Vouchers may be distributed by nCashdeals. More information about the distributor of a particular Voucher is available upon request. nCashdeals is not an agent of Nucleus Vision or Merchants. Nucleus Vision is not an agent of nCashdeals or Merchants.

 

OWNERSHIP OF THE WEBSITE

The Website, any content on the Website, and the infrastructure used to provide the Website are proprietary to us, our affiliates, Merchants, and other content providers. By using the Website and accepting these Terms of Use, Nucleus Vision grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Website pursuant to these Terms of Use and to any additional terms and policies set forth by Nucleus Vision; and you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Website without the express permission of Nucleus Vision.

 

USE OF THE WEBSITE

As a condition of your use of the Website, you agree that:

  • You have reached the age of majority in the state or province in which you reside;
  • You are able to create a binding legal obligation;
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the Website with crawlers, robots, data mining, or extraction tools or any other functionality;
  • Your use of the Website will at all times comply with these Terms of Use;
  • You will only make legitimate purchases that comply with the letter of the terms of the respective offers;
  • You will only make purchases on the Website for your own use and enjoyment or as a gift for another person;
  • You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current, and complete;
  • You will update and correct information you have submitted to the Website and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • You will only purchase a Merchant Offering, Product, or participate in other available programs through the Website by creating an account on the Website, and any purchase will be subject to the applicable Terms of Use.

ACCESS TO THE WEBSITE

Nucleus Vision retains the right, at its sole discretion, to deny service or use of the Website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Website and your account accessible, the Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Website access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

YOUR ACCOUNT

You may only create and hold one account on the Website for your personal use and must register using a valid payment mode. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid payment mode; and (b) opt-out of persistent login. You understand and agree that Nucleus Vision shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Website, including, without limitation, requirements for use.

 

YOUR CONDUCT

All interactions on the Website must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit or terminate your privileges on the Website and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Website and constitute violations of these Terms of Use:

Submitting any content to the Website that:

  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
  • Contains personal information, except when we expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential, or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Nucleus Vision purporting to speak on behalf of Nucleus Vision or provides confidential information concerning Nucleus Vision;
  • Is purposely inaccurate, commits fraud, or falsifies information in connection with your account or to create multiple accounts; or
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following:

  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security or configuration of the Website or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Website.

Using any of the following:

  • Frames, framing techniques, or framing technology to enclose any content included on the Website without our express written permission;
  • Any Website content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • The Website or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Nucleus Vision; or
  • The Website or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Nucleus Vision, including, without limitation, aggregating current or previously offered deals.

Collecting any of the following:

  • Content from the Website, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission; or
  • Personal Information (Contact information, Relationship information, Financial information), User Content (defined in Section 12 below), or content of any consumers or Merchants.

Engaging in any of the following:

  • Tampering or interfering with the proper functioning of any part, page, or area of the Website or any functions or services provided by Nucleus Vision;
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Reselling or repurposing your access to the Website or any purchases made through the Website;
  • Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any Nucleus Vision account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Website;
  • Accessing, monitoring, or copying any content from the Website using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
  • Aggregating any current or previously-offered deals or content or other information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other Websites or on a secondary Website without our express written permission;
  • Deep-linking to any portion of the Website (including, without limitation, the purchase path for any Voucher) without our express written permission;
  • Hyperlinking to the Website from any other Website without our initial and ongoing consent; or
  • Acting illegally or maliciously against the business interests or reputation of Nucleus Vision, our Merchants, or our services.

COPYRIGHT AND TRADEMARKS

The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are protected by copyright, trademark, and other intellectual property laws of the United States. Nucleus Vision owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Nucleus Vision or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

USER CONTENT

The Website may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and any other content or material submitted or posted to the Website (collectively, " User Content ") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Website from time to time. You may be required to have a nCashdeals account to submit User Content.

If you contribute any User Content, you will not upload, post, or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Nucleus Vision does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

Nucleus Vision shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Nucleus Vision, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Nucleus Vision shall have the right to remove any material from the Communities or any other Nucleus Vision controlled Websites, in its sole discretion. Nucleus Vision assumes no liability for any User Content or other information that appears or is removed from the Website or elsewhere. Nucleus Vision has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Nucleus Vision makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Website or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

Public Nature of Your User Content:

  • You understand and agree that User Content is public. Any person (whether or not a user of Nucleus Vision’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Nucleus Vision is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Nucleus Vision. Other users may post User Content that is inaccurate, misleading, or deceptive. Nucleus Vision does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Nucleus Vision. Nucleus Vision does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Website, including, without limitation, any objectionable User Content.

License Grants:

  • Some User Content you submit to Nucleus Vision may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant Nucleus Vision a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without compensation to you. However, Nucleus Vision shall have no obligation to use your Personal Information in connection with any User Content.

 

  • As between you and Nucleus Vision, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Website, you grant Nucleus Vision a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Nucleus Vision’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.

UNSOLICITED IDEAS:

We do not accept or consider, directly or through any Nucleus Vision employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • Nucleus Vision has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
  • Nucleus Vision will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

INFRINGEMENT REPORTING PROCEDURES:

Infringement Reporting Procedures.  If you own copyright, trademark, patent, or other intellectual property rights (“ IP Rights Owner ”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“ Authorized Agent ”), and you have a good faith belief that material or products on the Website infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Nucleus Vision's attention, you can report your concern(s) by submitting your complaint  here.

 

DISCLAIMER OF WARRANTY:

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER NUCLEUS VISION, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, NUCLEUS VISION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NUCLEUS VISION THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

LIMITATION OF LIABILITY:

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUCLEUS VISION, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE WEBSITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (B) YOUR INABILITY TO USE THE WEBSITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL NUCLEUS VISION’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NUCLEUS VISION THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

ELECTRONIC COMMUNICATIONS:

When you use the Website or send emails to Nucleus Vision, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website or from which you otherwise email us.

WEBSITES OF OTHERS:

The Website contains links to Websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such Websites. We expressly disclaim any representations regarding the content or accuracy of materials on such Websites or the privacy practices of those Websites. If you decide to access Websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked Website or resource.

INDEMNIFICATION/RELEASE:

You agree to defend, indemnify, and hold harmless Nucleus Vision, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Website, or any use of the Website in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Website. To the extent permitted under applicable laws, you hereby release Nucleus Vision from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Website, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

FORCE MAJEURE:

Nucleus Vision shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Nucleus Vision or a Merchant, as applicable.

ASSIGNMENT:

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Nucleus Vision. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Nucleus Vision may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

CHOICE OF LAW:

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Website or Nucleus Vision’s services shall be governed by the laws of the Cayman Islands, without regard to its choice of law rules and without regard to conflicts of laws principles.

DISCLOSURES:

No waiver by either you or Nucleus Vision of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

The provisions of these Terms of Use apply equally to, and are for the benefit of, Nucleus Vision, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

MODIFICATION

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Website or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Website or any services offered through the Website after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Website or our services will constitute acceptance of these changes and the Terms of Use as modified.

VALIDITY

This document was updated on 25th September 2019 and is effective from that date.

Email: [email protected]