Rules

1.0    Terms and Conditions
1.1    Introduction

Welcome to NOWshopz. The following entails the terms on which NOWshopz offers you access to our services.

By using nowshopz.com and/or becoming a member of NOWshopz, you agree to abide by and accept all of the terms and conditions in, and linked to, the Privacy Policy. It is your responsibility to read and understand them.

This Agreement is effective as of August 1, 2008.

1.2    User Obligations and Responsibilities

While using NOWshopz, users will not:

•    post content or items in an inappropriate category or areas on our site;
•    violate any laws, third party rights, or our policies such as the Restricted Items policies;
•    use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
•    fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
•    fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
•    manipulate the price of any item or interfere with other user's listings;
•    manipulate our fee structure, the billing process, or fees owed to NOWshopz;
•    post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
•    distribute or post spam, chain letters, or pyramid schemes;
•    copy, modify, or distribute content from the sites and NOWshopz's copyrights and trademarks; or
•    obtain information about users, including email addresses, without their consent.

NOWshopz endeavours to make your use of this site an efficient and pleasant one. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

1.2.1    Restricted Items

It is your responsibility to ensure that your items listed for sale does not fall under the category of Restricted Items in order to avoid potential issues, legal or otherwise, that could arise with your listing. Failure to do so may result in cancellation of listing and account suspension or termination, subject to severity of breach.

The restricted items include, but not limited to, the following:
•    Adult Material
•    Illegal and Illicit Substances
•    Hazardous, Restricted and Perishable Items
•    Items Encouraging Illegal Activity
•    Offensive Material
•    Prohibited Services

1.2.2    Payment & Delivery

It is the responsibility of both buyers and sellers to arrange a mutual transaction agreement pertinent to means of payment and delivery of the advertised item. NOWshopz accepts no liability as stated in Clause 1.3 of the Terms and Conditions.

1.3    Liability

NOWshopz will not be held responsible for other users' content, actions or inactions, or items they list and/or post. It will be acknowledged that NOWshopz merely provides this site as a venue for anyone to offer, sell, and buy just about anything, at anytime, and anywhere.

We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.

1.3.1    Release

If you have a dispute with one or more users, you release us, members of NOWshopz, 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.

1.3.2    Disclaimer and Limitation of Liability

NOWshopz:
•    is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website.
•    is not liable to you or anyone else if errors occur in the information on these web sites or if that information is not up-to-date;
•    makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose;
•    will not be liable for disruptions to these web sites; and
•    is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of these web sites or an external site. You must take your own precautions to ensure that whatever you select for use from these web sites is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

1.4    Fees & Services

Joining NOWshopz and listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we post the changes on the NOWshopz site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in Bruneian Dollars. You are responsible for paying all fees and applicable charges associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

1.5    Intellectual Property Rights

The material contained on these web sites is protected by copyright. You must not use, copy, modify, transmit, store, publish or distribute the material on these web sites, or create any other material using the materials found on this web site without obtaining the prior consent of NOWshopz.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior consent of NOWshopz.

1.6    External Sites

This web site may contain links to web sites of third parties a.k.a external sites. NOWshopz makes no warranties and accepts no liability in relation to material contained on these external sites.

1.7    Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the NOWshopz Privacy Policy. For a complete description of how we use and protect your personal information, see the NOWshopz Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

1.8    Dispute Resolution

If a dispute arises between you and NOWshopz, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NOWshopz agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


•    Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Brunei. You agree that any claim or dispute you may have against NOWshopz must be resolved by a court located in Brunei, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Brunei for the purpose of litigating all such claims or disputes.

•    Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than B$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

•    Improperly Filed Claims - All claims you bring against NOWshopz must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, NOWshopz may recover attorneys' fees and costs up to S$1000, provided that NOWshopz has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

1.9    General

1.9.1    Interpretation: In these Privacy Policy, unless portraying contrary intention:
(a)    NOWshopz and “We” denotes NOWshopz committee members
(b)    the singular includes the plural and vice versa;
(c)    dollars or '$' means Bruneian dollars; and
(d)    a reference to 'include' or 'including' means 'including but not limited to'.

1.9.2    Amendments:

We may amend this Privacy Policy at any time by posting the amended terms on this site which is of immediate effect and will notification will be sent to you through your email address.

1.10    Linking to NOWshopz.com

We welcome links, to and from, various websites. In order to link information on this site, contact us on admin@nowshopz.com with the following information:

• Company Name
• Proof of Business Registration
• Contact Name
• Proof of Identity
• E-mail Address
• URL of internet site that will link to nowshopz.com
• Nature of your company's web site