Last updated: 2020-09-25
Please read these Terms of use ("Terms" or "Terms of use") carefully before using the platform at market.nile.ag or the website at www.nile.ag (together, or individually, the "Service") operated by Nile Fresh (Pty) Ltd ("Nile", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
Definitions: For purposes of these Terms: (i) “Content” means text, data, prices, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service.
Content reliance and updates: It is your responsibility to satisfy yourself that the Content and the Service meets your requirements, and unless otherwise expressly stated in these Terms, the Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any service or product. We may, from time to time, update the Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the Service and Content.
Previous content: In relation to new transactions, we will not be bound by any previously existing representations, terms, conditions or other information subsequently altered on the Service notwithstanding that those representations, terms or conditions may have been applicable to previous transactions or the use of the Service on a prior date. We accept no responsibility for keeping the information and Content on the Website up to date nor do we accept any liability for any failure to do so.
Content accuracy: The Content and information may contain technical inaccuracies, omissions and typographical errors. We will not be liable for any harm which may arise from such inaccuracies, omissions and/or typographical errors in such Content and/or information. We give no warranties, guarantees or representations, whether express or implied, as to the completeness or accuracy of any information that may be contained on the Service or any website to which it is linked.
Rights in User Content granted by you: By making any User Content available through the Service, you hereby grant to Nile a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify, your User Content solely in connection with operating and providing the Service and Content to you and to other users. Subject to the foregoing license, as between Nile and you, you retain any and all of your rights to your User Content.
Your responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Nile on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of user content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 13 (Termination) below.
Monitoring content: Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
In order to access the Website and/or Service, you will be required to create an online account ("Account"). We may refuse to let you register or use the Service in our sole discretion, and we are not obliged to provide you with any reasons for such refusal. We may do this even if you complete the registration process and agree to these Terms.