Terms of Service

PLEASE NOTE: The section of these terms of use entitled "Dispute Resolution" contains an arbitration clause that requires disputes to be arbitrated on an individual basis and prohibits class action claims. It affects how disputes between you and ndaya.com are resolved. By accepting these terms of use, you agree to be bound by this arbitration provision. Please read it carefully.

REMARQUE IMPORTANTE : Use of and access to our services are subject to the terms outlined here. If you do not agree, you may not use or access the services in any manner.

The following terms govern purchases you make through ndaya.com's checkout system. These are items you have attempted to purchase, and/or have purchased, within ndaya.com's website or mobile application. This is different from purchases you may make on the websites of third-party brands that you were directed to via ndaya.com.

All purchases through ndaya.com's checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase. Each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid.

Whether you can cancel an order once payment is made shall be governed by the terms and conditions of the seller or at the discretion of ndaya.com for customer service reasons.

ndaya.com will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed, ndaya.com may provide you a confirmation email that your order has been processed and accepted by the Seller.

Each Seller on ndaya.com has its own return policy. ndaya.com has no involvement or control over whether returns are accepted. Please refer to the Seller's terms for more details.

Refunds are governed by the policies of the Seller. ndaya.com has no control over whether you will be entitled to a refund or credit for an order.

In no event shall Company/Seller or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory:

• (a) For any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the services and any products or services purchased through the services during the 12-month period preceding the applicable claim.
• (b) For any indirect, incidental, punitive, or consequential damages of any kind whatsoever.
• (c) For data loss or cost of procurement of substitute goods or services.
• d) For any matter beyond Company's/Seller's reasonable control.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.

Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (`JAMS`) then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction.

For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is Company's policy to:

• Block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users.
• Remove and discontinue service to repeat offenders.

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
• Identification of works or materials being infringed.
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials with sufficient detail.