Terms of use

Before using the Product, please read the terms of the following User Agreement.Any use of the Product constitutes your full and unconditional acceptance of all the terms and conditions of this User Agreement.If you do not accept the terms of the User Agreement in full, you do not have the right to use the Product for any purpose.

Welcome to https://nomia.net operated by NOMIA DMCC (Account number 369614, Active Registration DMCC194044, License DMCC-853238, address: Unit No: 906 DMCC Business Centre Level No 1 Jewellery & Gemplex 3 Dubai United Arab Emirates) hereinafter referred to as “Society” or “Company” or “we”).

This User Agreement (hereinafter referred to as the Terms) is concluded and governs the relationship between NOMIA DMCC and the User and contains the terms of use by the User of the Company-owned portal(s), website(s), equipment, domain(s), application(s). ii), software listed in the next paragraph of these Terms.

These Terms apply to all goods, works and services of NOMIA DMCC sold via the Internet, including (but not limited to): developed by NOMIA DMCC, owned by the Company, leased by the Company, used by the Company under exclusive rights, as well as all programs for Computers, web versions of programs and/or NOMIA DMCC software products (hereinafter referred to as the Product or Service), installed and/or opened by the User on the Internet information and telecommunications network, on a personal computer, mobile applications, POS terminals and/or kitchen terminals sold by the Company, other terminals approved in writing by the Company.

This user agreement applies to Products/Services that are installed on personal computers as well as mobile devices.

For individual Products and Services of the Company, separate terms of use may be provided, which are stipulated by the Parties in contracts, and in this case, the provisions of the contracts take precedence.

The relationship between the User and the Company is governed by these Terms, the Personal Data Processing Policy, as well as other local regulations in force in the Company, which are posted on the official website of the Company or can be provided to the User upon written request.

Before using any Product, the User must read these Terms.

By starting to use the Product/its part, a licensed copy or individual functions, the User is deemed to have accepted these Terms and Conditions and the provisions of the documents specified in the paragraphs above in full, without any reservations or exceptions. Use of the Product in violation (non-compliance) of any of the provisions of these Terms is prohibited.

With each access to the Product, as well as registration and/or actual use of the Product, the User agrees to the terms of these Terms of Policy as amended, which is valid at the time of actual use of the Product.

If the User disagrees with any of the provisions of the Terms and/or documents, the User does not have the right to use the Product.

The Product/Service posted on the website https://nomia.net is intended for the User to fill out Content in order to systematize data when conducting the corresponding type of business using Products/Services and terminals developed and/or sold by the Company, as well as related services of third parties.

When using the Product, the User guarantees his/her integrity as a participant in civil legal relations and will act reasonably and thoughtfully.

The Company has the right to unilaterally change these Terms, as well as the cost of using the Product/Service, tariffs and/or tariff plans, make changes to the posted content, as well as announce and/or terminate promotions, change the operation of the Product, make any modifications and changes thereto.

All changes take effect from the moment the changes are published on the official website of the Product/Service.

TERMS AND DEFINITIONS

The following terms and definitions apply to these Terms:

A QR code is a two-dimensional barcode (bar code) that provides information for quick recognition using a camera on a mobile phone.

Authorized user—A user who has been identified in the Product/Service using the login he or she set during registration.

A promotion is a time-limited event conducted by Users in order to increase their own sales, promote goods or services, which provides the buyer with the opportunity to receive a discount on the User’s product or service subject to established conditions.

The free version of the Product is an opportunity, during a limited time period by the Company, to try part of the paid functionality of the Product under the terms of the Tariff, Tariff Plan offered by the Company, or as part of an ongoing promotion.

Bonuses are accounting (conditional) units accrued by the User to his clients within the framework of an existing bonus program or loyalty program for payment for goods, services, work or other actions. The procedure and conditions for accruing bonus points, as well as their spending and debiting, are established by the User, who is responsible for the correctness and order of their accrual. Bonuses are created by the User and are his Content.

Reservation is a request from buyers to the User, transmitted through the Product or related services to the Product, to reserve from the User a list of goods or services selected by the buyer, containing information about the list of goods or services being reserved, their quantity, as well as other data. Reservation includes the selection of goods or services at the buyer’s request at the User’s points of sale, their preparation for subsequent sale during a visit.

Order - an order for a product or service from the User placed by the buyer or User in the Product, as a result of which an agreement is concluded for its sale by the User to the buyer on the terms determined by the User.

User identification is a procedure for establishing the legality of the User’s access to the Product. It is carried out on the basis of a simple electronic signature in the form of a login, password and/or other access code.

User Content - all objects in respect of which the User has independently placed any information and information in the Products, Services, including (but not limited to): commercial information, financial information, information on prices, discounts and/or bonuses, banking information, design works , graphic, text, audio, photo and video - works and any other objects and/or collections thereof, which are objects of intellectual property or are not such, the rights (including the exclusive right) to which belong to the User.

Partners are third parties who provide services, perform work, supply goods, and provide related services to facilitate the implementation of individual functions of the Product/Service.

Buyers or clients are third parties who purchase goods, work, services, as well as the process or results of other activities carried out by the User (hereinafter referred to as goods or services). All relationships related to the sale (purchase and sale) and/or preparation of goods, quality of service, as a result of the buyer placing an order through the Product, arise directly between the User and the buyer;

User - a person who uses the Product/Service in whole or in part under the conditions provided for in this User Agreement.

Promo code is a specific sequence of symbols, subject to activation of which and compliance with other conditions for using the Promo Code, the buyer is given a discount on the cost of goods and/or services from the User. The rules for the use and validity of promotional codes for the User’s goods and services are established by the User.

Posting – any actions by the User to upload or post User Content in the Product/Service, as a result of which User Content may be available within the Product/Service.

A discount is a factor created by the User that reduces the initial price of a product, or service, or work, or other activity of the User. Discounts are created by the User and are his Content.

Related services or Partner Service are goods, works, services of third parties, the functionality of which is accessed during the operation of the Product/Service, including (but not limited to): payment systems, programs that analyze statistics or marketing information, cloud storage, etc. .d. The cost of related services and functionality is not included in the price of the Product/Service, unless otherwise expressly established by the tariff plan, promotional conditions or other concluded agreement.

Tariff, Tariff plan - a set of price conditions and rules under which the Company offers to use a package of services or options when using the Product/Service.

Price – the cost of one specific service, product, work and/or option within the Product or within related services of third parties.

These Terms may use terms not defined in Section 2 of this User Agreement. In this case, the interpretation of such a term is made in accordance with the text of these Terms. If there is no unambiguous interpretation of the term in the text of the User Agreement, you should be guided by the interpretation of the term defined: first of all - by the legislation of the Russian Federation, secondly - in the Product, then - established (commonly used) on the Internet.

Interpretation and/or explanation of the functions of the Product is possible only by the Company, unless otherwise provided by the current legislation of Dubai UAE.

PRODUCT RIGHTS AND TERMS OF USE

The Company owns exclusive rights to the Product and its sale throughout the world.

Under these Terms, the Product is sold in any country and the Product/Service is used by the User under the terms of a simple (non-exclusive) license in accordance with these Terms and according to the tariffs, tariff plan, and current prices established by the Company.

The User pays for the opportunity to use the Product according to the tariff chosen by him, the tariff plan for the period of use provided by them. The cost of the tariff or tariff plan is established for the possibility of use for a certain period and does not depend on the actual use of the Product. The Company provides the opportunity to use the Product, and the User determines the volume of use or non-use of the Product during the specified period independently.

When using the Products/Services of the Company, the User confirms that he is aware of their most important functional properties and that he independently bears the risk of compliance of the Products/Services with his desires and needs.

The Product/Service is provided “as is”. The Company does not provide any guarantees regarding the error-free and/or uninterrupted operation of the Product/Service or its individual components and/or functions, compliance of the Product/Service with the specific goals and expectations of the User, and also does not provide any other guarantees not expressly stated in these Terms.

The Product may also contain integrations with related services of third parties, the right to use which is legally granted to the Company and access to which is provided by Users through the Product.

Since the use of the Product/Service is carried out, inter alia, using systems and services of third parties, before starting use, the User is obliged to familiarize themselves with them on the relevant pages, links, sites of third-party services of third parties, read them, accept them and ensure compliance on their part requirements established by them. Each third party bears its own responsibility for the correctness and quality of operation of its services, and the Company is responsible only for the operation of its part of the Product/Service.

When using the Product/Service of the Company, the User is obliged to know, understand and comply with the requirements of these Terms, related services and the current legislation of the Russian Federation and carry out their activities in the manner established by them. Products/Services do not replace permits, approvals, systems, programs, services or other requirements provided for by law that must be provided by the User when carrying out business activities.

The User must independently monitor changes and comply with the requirements and provisions of the UAE legislation and these Terms, as well as the Content posted in the Product.

The User bears full responsibility for the completeness, reliability, content of the User Content and/or relevance of the data, information and/or information specified by the User, as well as for the consequences and/or possible losses of the User and/or third parties when the User uses the Products.

When using the Product/Service, the User independently determines the business strategy, plans and distributes his expenses, expenses, purchases, expenses and payments, as well as payment of taxes, fees and other payments in accordance with the law and independently bears all associated risks.

The User is obliged to use the Product/Service for its intended purpose, for which purpose use the appropriate website and/or install (play) it on the User’s mobile device(s). The User has the right to install the Product on one device, unless otherwise specified in the tariff and/or tariff plan.

The use of code, materials, and other intellectual and material components of the Product is governed by these Terms and the norms of the current legislation of the Russian Federation.

The User does not have the right to independently modify, decompile, disassemble, decrypt or perform other actions with the object code of the Product for the purpose of obtaining information about the implementation of algorithms used in the Product, create derivative works using the Product, as well as carry out (permit to carry out) other use of the Product , without the written consent of the Copyright Holder.

The User has no right to reproduce and/or distribute the Product/Service for commercial purposes (including for a fee) to third parties, including as part of collections of software products, without the written consent of the Company.

The User has no right to use and/or distribute the Product in a form different from the one in which he received it, without the written consent of the Company.

Use of Product materials without the consent of the Company or the copyright holders of the materials is not permitted.

When quoting Product materials, including protected copyright works, a link to the Product is required.

The functions of the Product can only be performed if you have access to the Internet. The user independently receives and pays for such access on the terms and rates of his telecom operator or Internet access provider.

By starting to use the Product and accepting these Terms, the User assures and guarantees the Company the following:

The User has fully read the Terms and Conditions posted on the Company’s website;
The User fully understands the subject of the Terms and the documents of the Company that have been read;
The User fully understands the meaning and consequences of his actions regarding the conclusion and execution of the Terms;
The User has the proper legal capacity to accept the Terms, as well as enter into and execute them;
The content of User Content does not violate current legislation and the rights of third parties.

The Product offers the User the opportunity to post information and Content about goods, services, and the User’s work procedure for its systematization. All currently existing functions of the Product, as well as any development thereof and/or addition of new ones, are subject to these Terms.

When registering in the Product, the User must provide a valid mobile phone number, name and email.

At the same time, the User understands and confirms the understanding of the fact that the fulfillment of the User’s obligation to provide a reliable telephone number is necessary for verification of the User and proper communication with the User on any issues related to the use of the Product. In case of providing an unreliable phone number (including someone else's or virtual), the Company has the right to suspend or cancel the User's registration and refuse to use the Product. In this case, the funds paid by the User in the amount of the cost of the Tariff, Tariff plan are withheld in favor of the Company as a fine.

Obvious errors, including typographical errors, made by the User in the Content are not legally binding.

User access to the Product becomes possible only after reading these Terms, as well as registering and passing User Identification.

Access is provided to the User within 10 (ten) business days from the moment the remuneration from the User is credited to the Company's current account in full according to the tariff, tariff plan, unless otherwise provided by this tariff or tariff plan.

The right to use under these Terms is granted for the period established by the current tariff, tariff plan.

The User may not use more than one account when using the Product. If the Company identifies circumstances indicating that the User has violated the conditions specified in this paragraph, the Company has the right to restrict the User’s access to the Product in accordance with these Terms.

When booking, paying or otherwise using the Product by clients, they actually enter into an agreement with the User and enter into direct contractual relations with him for the sale of goods, services or other activities of the User.

The essential terms of the agreement concluded between the User and the client are indicated in related services or on the User’s sources of information. All rights and obligations under the contract concluded between the client and the User arise directly from the User.

The User is responsible for all consequences caused by the unreliability of the information, information, and Content provided by him. In case of disputes, the main means of communication with the User is the telephone number or e-mail specified by the User during registration.

By using the Product, the User agrees to receive informational and/or advertising messages. The User has the right to refuse to receive advertising messages by using the appropriate functionality of the Product/Service or following the instructions specified in the received advertising message, or by ceasing to use the Product/Service.

The Company and/or involved third parties have the right to collect opinions and feedback from Users on various issues of the Product for statistical purposes, to control the quality of services provided, and also to use the obtained data in an anonymized form for the operation of the Product. A survey of Users can be carried out by sending an information message or communicating using the contact information specified by the User in the account (via telephone calls or emails).

The Company may charge a fee for the User’s refusal to perform a service, product, or work in favor of clients, if such refusal occurred after the order was accepted in the Product. The amount of such a fee is calculated similarly to the cost of a service not provided, work not performed, or goods not sold.

The User gives the Company consent to the processing of personal information in accordance with the current Personal Data Processing and Confidentiality Policy of the Company, posted on the Company’s website.

The Company may at any time temporarily or permanently restrict the provision of the Product to the User without giving reasons, including in case of violation by the User of these Terms, orders of an authorized body, offensive damage to the Company or third parties (as well as to suppress such actions), creating a danger to others, protecting the rights and legitimate interests of the Company and third parties, receiving repeated complaints about the actions of the User or persons in respect of whom the User posts information about their goods, services, and works through the Product.

When working through the Product/service, the User undertakes not to offer the following items for sale:

narcotic drugs, psychotropic, potent, toxic, radioactive, explosive, poisonous, caustic, flammable and other dangerous substances, including those under pressure;
firearms, pneumatic, gas or bladed weapons and their parts, ammunition, fireworks, flares and cartridges;
foreign currency and banknotes of the Russian Federation;
precious metals, precious stones and products containing them;
objects and substances that, by their nature or due to packaging, may pose a danger to people, pollute or spoil (damage) other goods, surrounding people or objects;
animals and plants, biological materials;
items that require specially equipped vehicles for transportation, including food products;
liquids in open containers;
large-sized items, the sum of the measurements (except for specially specified cases) in length, width (two diameters or axes at the base of the roll) and height exceeds 150 cm, long items, the length of which exceeds 150 cm; The weight of transferred items cannot exceed 20 kg. If you order a courier delivery service by foot courier, the size of the transferred items (width, length, height) cannot exceed 50x50x50; the weight of transferred items cannot exceed 10 kg;
fragile items without special packaging;
any other items the circulation of which is prohibited or limited on the territory of the Russian Federation.

If representatives of the Product receive personal insults, threats, or other incorrect words and/or actions on the part of the User, the Company has the right to terminate the dialogue with the User, both verbally and in writing.

The Company reserves the right at any time to require the User to confirm any data specified by him in the Product and to request in this regard supporting documents (in particular, identification documents), failure to provide which, at the discretion of the Company, may be equated to the provision of an unreliable information and entail the consequences provided for in these Terms.

The Company has the right to use the trademark and corporate name (trade name/brand, logo) of the User in advertising materials and on the website in order to promote the Product and its services.

The Company may use information and personal data provided by related services for the purposes established by these services and within the framework specified by these Regulations.

The Company may process data that becomes available to it during the use of the Product, including using analysis or statistical processing of anonymized data.

When the User uses data from personal accounts of third-party services (Apple ID, VK ID, Google, mail, etc.), the data may be transferred to the relevant third parties - the owners of these services, provided that these services are integrated or associated with the Products, and also if access to these third parties is provided by the User himself.

The Company may share the User’s data with the above services, as well as external services that use the specified tools to provide the User with the necessary access and capabilities. For example, if the User decides to log in to the Product using a tool from a third-party service, then by starting to use such Service/tool/its individual functions, the User agrees to such data transfer to the extent necessary for the operation of the Service/tool. Thus, the User also agrees and accepts the User documentation of such a Service and/or its tool in full, without any reservations or exceptions. If the User does not agree with any of the provisions of the User Documentation of the Product/Service/tool, the User does not have the right to use such Service/tool.

By uploading your materials, you represent and warrant to us that you have all legal rights and permissions to use these materials to the extent related to the scope of our services that the content of your materials does not violate applicable law, and contains any harmful, fake, defamatory extremist or other illegal/prohibited information and you bear all liability arising in connection with any potential claims related to the Context materials and their content.

We do not check the Content provided by the User unless there is a complaint about it.

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@nomia.net.

PURCHASES

If you wish to purchase a license to our Product, you may be asked to provide certain information relevant to your Purchase, including, but not limited to:

your credit card number or your company bank account number,
the expiration date of your credit card,
your payment address or the legal address of your company
information about your bank;
information and documents of your company to verify the company and correctly issue documents;
Contact details;
delivery information.

You represent and warrant that:

1. you have the legal right to use any credit card, checking account or other payment method in connection with any purchase;

2. The information you provide to us is true, correct and complete.

We may use third party services to facilitate payment and completion of purchases.

By submitting your information, you grant us the right to provide the information to these third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

We do not verify all payments and are not responsible for fraudulent activities of third parties.

NO USE BY MINORS

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

FEE CHANGES

NOMIA DMCC, in its sole discretion and at any time, may change the price list for the Services.

Any change in the commission amount will be effective for order placed after such change becomes effective and is posted or made available to you additionally.

Your continued use of the Service after the fee change comes into force means your agreement to pay the changed commission amount.

RETURNS

Where applicable, we will issue refunds for orders within thirty (60) business days of the original purchase of Services in accordance with the Company's current return policy.

LIMITATION OF LIABILITY OF THE COMPANY

The User is solely responsible for the level of security of the password he has set, as well as for its safety outside the Product. The Company does not have any access to the password and does not store it.

The User undertakes to ensure the confidentiality and security of the password and not to transfer access to third parties, and not to provide third parties with access or the ability to view the User’s confidential information through his account.

The user undertakes to set a password that will be known only to him and will provide a high level of security. The recommended password must contain lowercase and uppercase letters, numbers and symbols and be at least 6 characters long.

The user may transfer his logins and passwords to third parties or his other representatives only at his own peril and risk. In case of transfer of the specified information, the User bears full financial responsibility for the consequences that arise.

The Company is not responsible for the disclosure and dissemination of information about the User by other Users of the Product or other Internet users, or other third parties if such persons have access to the specified information in accordance with the password chosen by the User or the level of security for access to credentials, or in case of violation by the User of the security of his login and/or password or other data necessary for authorization.

The Company is not responsible for the accuracy, relevance or other characteristics of the information filled in by the User in the Product.

The Company does not undertake to make backup copies of the User Content or otherwise ensure its safety, unless the Parties have entered into separate agreements or contracts for these services, or this is not provided for in the relevant tariff plan or tariff.

The total liability of the Company to the User under this agreement and the use of Products/Services in relation to any claims for damages, unjust enrichment, quality or volume of services, as well as in all other cases, including any payments, fines, penalties, penalties, losses of the User or third parties under this Regulation is limited by the current legislation of the Russian Federation and cannot exceed the cost of using the Product for one calendar month or for a one-time service.

The Company is not responsible and has no direct or indirect obligations to the User in connection with any possible or occurred losses or damages associated with any content of the Product, copyright registration and information about such registration, goods or services available on or received through external sites or resources or other contacts of the User that he entered into using the information posted in the Product or links to external resources.

All questions and claims related to the use/inability to use the Product/Service, as well as possible violation of laws and/or third party rights, should be sent via the feedback form to: info@nomia.net

The User agrees that the Company does not bear any responsibility and does not have any obligations in connection with advertising that may be placed in the Product.

Under no circumstances shall the Company be liable for: a) indirect losses and/or lost profits by the User or third parties, regardless of the Company’s ability to foresee the possibility of such losses; b) the User’s use/inability to use access to the Products or failures on the Internet or one or the other in part.

In the event that third parties present to the Company any claims/suits arising due to non-compliance and/or violation by the User of the current legislation and/or these Terms, including guarantees, the User is obliged, on his own behalf and at his own expense, to settle such claims, suits, and also take all necessary actions to prevent subsequent filing of claims/claims against the Company and the application of penalties. The User agrees and confirms his readiness to assist the Company in resolving any claims from government (including control, supervisory) authorities caused by a violation.

Termination of these Terms does not relieve the Parties from settlement obligations that arose during the period of their validity and were not fulfilled by the Parties on the date of termination.

The Company is not responsible for the operation of the Product and/or related services, as well as difficulties and errors arising in connection with problems and/or synchronization of the Product/Services with the User’s device/equipment or its operating system.

The Company is not responsible for the User’s visiting and use of external resources, links to which may be contained in the Product/Service.

ANTI-CORRUPTION CLAUSE

The Parties acknowledge and confirm that each of them pursues a policy of zero tolerance for bribery and corruption, which implies a complete prohibition of corrupt practices and payments for assistance/payments, the purpose of which is to simplify formalities in connection with business activities and ensure faster resolution of certain issues . Under these Terms, the Parties do not accept, do not pay, do not offer to pay and do not authorize (authorize) the payment/receipt of any funds or the transfer of any valuables (including intangible) directly or indirectly to any persons for the purpose of providing influencing actions or decisions with the intention of obtaining any unlawful advantages, including bypassing the procedure established by law, or pursuing other unlawful purposes.

SANCTIONS CLAUSE

If the User's company is subject to sanctions by any country, he must notify the Company about this and stop using the Product/Service.

If NOMIA DMCC learns that sanctions from any country have been imposed on the User, the Company has the right to restrict access to the User and terminate all contracts unilaterally.

This measure is necessary to protect the Company, other users and their reputation.

CHANGES AND ADDITIONS TO THESE TERMS

The Company reserves the right to make changes and additions to these Terms with notification to the User, including by posting a new version of the amended Terms on the website. The new version of the Terms comes into force on the day following the day it is posted on the website. The User undertakes to regularly familiarize himself with new editions of the Terms and monitor their updates.

These Terms are governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by these Terms shall be resolved in accordance with the laws of Dubai UAE. Any disputes must be filed and heard at the Dubai International Arbitration Center (DIAC).

These Terms come into force from the moment they are published on the official website of the Product.

If one or more provisions of these Terms are found to be invalid for any reason, such invalidity shall not affect the validity of any other provisions of the Terms, which shall remain in full force and effect.

The Company has the right, at its own discretion, without the consent of the User, to involve third parties in the fulfillment of its obligations under these Terms, as well as, without the User’s consent, assign or otherwise transfer all or part of its rights and obligations under these Terms to any third parties. The User does not have the right, without the prior written consent of the Company, to fully or partially assign his rights and obligations under these Terms to third parties.