Nafae's Terms of Service

Last update: October 2021

Welcome to nafae.app.

The following terms of service (these "Terms of Service"), govern your access to and use of the Nafae website and mobile application, including any content, functionality and services offered on or through www.nafae.app or the Nafae mobile application (the "Site") by AFNAM Information Technology (7932 Prince Faisal Bin Bandar Bin Abdulaziz, Al Narjis Dist. 13328 - 2934, Riyadh, KSA). AFNAM Information Technology and its subsidiaries are collectively referred hereto as "Nafae" "we" or "us" and “you” or “user” means you as a user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Nafae Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Nafae services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is Arabic. Nafae makes available this translation for convenience only. In case of conflicts between the original Arabic version and any translation, the Arabic version shall prevail.

Key Terms

Buyers are users who purchase services on Nafae.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gig® Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price.​

Gig® Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Gig® / Gigs® are services offered on Nafae.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.

Sellers are users who offer and perform services through Gigs on Nafae. Sellers can be individual or Business.

Overview (Main terms, in a nutshell)

SELLERS

Basics

Gigs®

Gig® Extras

Levels

Nafae is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. If sellers deliver on time and maintain high quality and ratings, Nafae may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Top Rated Sellers

Seller Features

Nafae Sellers may have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

Shipping Physical Deliverables

Some of the services on Nafae are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.

BUYERS

Basics

Purchasing

ORDERS

Basics

Handling Orders

Reviews

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the built-in chat or if you encounter non-permitted usage on the Site, users can contact Nafae's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Nafae enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Nafae reflect the diversity of an expanding Gig economy. Members of the Nafae community communicate and engage through orders.

Nafae maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Nafae. This section relates to the expected conduct users should adhere to while interacting with each other on Nafae.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

Orders

Gigs

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address or will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Nafae does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Nafae should be friendly, constructive, and professional. Nafae condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate out of Nafae will not be protected by our Terms of Service.

Authentic Nafae Profile - You may not create a false identity on Nafae, misrepresent your identity, create a Nafae profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Nafae reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Nafae will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use Nafae for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Nafae account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Nafae community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Nafae’s Terms of Service is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Nafae. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Nafae accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Nafae and protected by copyright and trademark law. Nafae® is registered trademark owned exclusively by AFNAM Information Technology. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Nafae with any comments, suggestions or other feedback regarding the Nafae platform or the Site as a whole, as well as other Nafae products or services (collective, the “Feedback”), you will be deemed to have granted Nafae an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Nafae is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (iv) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Nafae by our users (Buyers and Sellers) is User Generated Content. Nafae does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Nafae platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Nafae is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Nafae. Sellers advertising online their Gig must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig, as applicable, and may lead to the suspension of Seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Gig on Nafae, unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Nafae, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Nafae for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NAFAE NOR ANY PERSON ASSOCIATED WITH NAFAE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL NAFAE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Nafae, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.