1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the Now Now Express web site, nownowexpress.com, (the “Site”), you are agreeing to abide by all of the provisions set forth in this Agreement between you and Now NowExpress (the “User Agreement” or the “Agreement”).
1.2 Now Now Express is based in the US. Now NowExpress makes no claims that the Content (see Section 2.1) is appropriate or that it may be downloaded or used outside of the United States. Access to the Content or Product (see Section 2.3) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
1.3 Now Now Express may change, add or remove portions of this Agreement at any time,
1.4 Now Now Express may discontinue, change, or suspend any aspect of the site at any time. Now Now Express may change, discontinue, or suspend the availability of any Database, Content, Feature or Product of the Site.
1.5 These Terms and Conditions may be available in multiple languages on various domains; in the case of a conflict between any other language version and the English version of these Terms and Conditions, the English version shall always prevail.
1.6 The prices displayed on this website and all affiliated websites are quoted in U.S. Dollars. Any payment made with any other currency will be converted, at payer’s expense, to the applicable U.S. Dollar amount before being applied to a purchase. By continuing the transaction you are agreeing with the conversion and all applicable fees.
- NOW NOW EXPRESS CONTENT & PRODUCT
2.1 The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code) also known as the “Content”, are protected by copyright and owned or controlled by Now Now Express or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.
2.2 Now Now Express does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.
2.3 The site and its Content are protected by copyright pursuant to the U.S. and international copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo-reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.5 of this Agreement), create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product (Product includes, but is not limited to, food) or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of Now Now Express, except that you may reproduce as provided herein.
2.4 Content or Product is subject to change without notice at the sole discretion of Now Now Express. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.
2.5 You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product.
Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.
- COPYRIGHTS AND TRADEMARKS
3.1 Copyright Notice
Copyright © Now Now Express, USA. All rights reserved. All material on this site is owned by Now Now Express, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is strictly prohibited.
Now Now Express and nownowexpress.com are trademarks of Now Now Express. The names of companies and products mentioned and contained on the Site may be the trademarks of their respective owners.
- IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.
- REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.
5.2 USE OF THIS SITE IS AT YOUR SOLE RISK. NOW NOW EXPRESS DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK.
5.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NOW NOW EXPRESS AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT, PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. NOBEL AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.
5.4 NOW NOW EXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTIAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOW NOW EXPRESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
NOW NOW EXPRESS IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT LIMITED TO, THE FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET, ROUTERS, CARRIER LINES, AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND INTERNET SERVICE PROVIDERS. THESE DEVICES ARE MAINTAINED, SERVICED, AND OWNED BY THIRD PARTIES. THEIR MAINTAINANCE AND SERVICE IS OUT OF THE CONTROL OF NOW NOW EXPRESS.
You agree to defend, indemnify and hold Now Now Express, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the “Indemnified Parties”), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys’ fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such use is authorized or unauthorized. Now NowExpress will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
Now Now Express is linked to and by other Internet sites and resources. Now Now Express is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
- PROTECTION OF ID AND PASSWORD
You are required to have a password and user ID to access portions of our Site.
9.1 If you are a new customer, you will choose a password and user ID during the registration step. You can change your password through account management in the Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a User ID of another person or use a User ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.
9.2 You must notify Now Now Express at of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.
9.3 You are responsible for any and all use and activity on your Now Now Express account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, maybe, at Now Now Express sole discretion, grounds for termination of your account. In certain circumstances, Now Now Express may refer you to appropriate law enforcement agencies.
. THE SERVICE
To use the Service, You must register on the Site, fill in our short online registration form and accept these Terms and Conditions.
By completing and consenting to the information required to place an order and by accepting these Terms and Conditions, You are instructing Now Now Express to execute a specific delivery. Every individual order constitutes a separate agreement between Now Now Express and You which is limited to the execution of a specific delivery. At no moment in time is a framework agreement concluded between You and Now Now Express which obligates Nobel to execute individual and subsequent deliveries. The Customer shall inform the Receiver/the Beneficiary of the order accordingly.
The Products on the Site are subject to a summary presentation indicating the main characteristics of the Products. The photos that accompany them have no contractual value.
Nobel reserves the right, in its sole discretion and without prior notice to:
- Reject to complete an Order at any point throughout the process;
- Request further information or documents from You to be able to complete an Order;
- Limit the Products contained within the Order;
- Delay the delivery;
- Cancel an account where there is reasonable suspicion that the user is under 18 years of age and/or a fraudulent user;
- Amend, improve, correct, delete or adapt any sections within its website;
- Change, limit, terminate, suspend, remove or cease to provide its service, whether permanently or temporarily;
- Take any required action as deemed fit.
This Service is for your personal use only.
Furthermore, we do not assume liability for:
- Malfunctions in communication facilities which cannot be reasonably considered to be under our control and that may affect the accuracy or timeliness of message you send to Us;
- Any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control;
- Viruses originating from third-parties or Your own personal devices;
- Errors on the Site or with the Now Now Express service that are the result of incomplete or wrong information that You or a third-party provided;
- Delays in the deliveries caused by the services contracted from third parties;
- Force majeure; and
- Regulatory limitation.
Now Now Express fees and charges are subject to change from time to time, which change can take place without any prior notice and at Now Now Express sole discretion.
11.1 You can terminate your account at any time. To terminate your account, send an e-mail to: [email protected].
11.2 Now Now Express may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination include, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of Nobel and/or its Customers, Partners, Suppliers, or Affiliates, suspicion of fraud, lack of payment.
- CHOICE OF LAW
The User Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
- UNITED STATES INFORMATION CONTROLS
The United States government polices and controls the export of products and information, including, but not limited to, software. You must comply with restrictions placed on products and information by the United States government and not export or re-export the Content, Information, Service, Products, Software, or Demonstrations to countries or persons prohibited under the export control laws. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are agreeing that you are not in a country to which such export of products and information is prohibited. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are also agreeing that you are not a person or entity to which such export of products and information is prohibited. You are solely responsible for complying with all laws of your local jurisdiction, as well as laws of the jurisdictions in which the information travels through to get to you, regarding the import, export, or re-export of the Content, Information, Service, Products, Software, or Demonstrations.
- REFUND POLICY
When you purchase products or services from the nownowexpress.com website, you will be entitled to the below refund policy.
Prices of products and/or services are subject to change without notice. Refunds will be offered in the form of exchanges or store-credit on all plans having a full balance, excluding discontinued products. Any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund.
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.
No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.
- FORCE MAJEURE
Now Now Express is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labour strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to Now Now Express.
- COMPLETE AGREEMENT
These provisions constitute the entire agreement between you and Now Now Express with respect to the use of this Site and any Software, Content, or Product contained therein unless specified and marked