Terms & Conditions

Terms of service

Welcome to NAC Shop! NAC Shop Inc. and its Affiliates (“NAC Shop”, “we”, “us”, or “our”) provide a mobile application and other products and services that, among other things, allow you to save and manage your payment information for an accelerated checkout experience, track orders and shipments, and browse and shop from merchants (“Shop”). The following terms of service (“Terms of Service” or “Terms”) are a legally binding agreement between you as the user of Shop (referred to as “you” or “your”) and us, and it describes the terms and conditions applicable to your use of Shop. By using Shop, you agree to be bound by these Terms of Service, and any new features or tools that are added to the current Shop offering will also be subject to these Terms of Service.

If you are an individual or organization who sells products or services to customers (a “Merchant”), these Terms of Service do not apply to your use of NAC Wallet as an accelerated checkout option on your NAC Wallet Site (defined below) or your store’s presence in Shop, and instead the NAC Wallet Merchant Terms or the NAC Shop Terms of Service, respectively, will apply to you.

 

Order Tracking

1.10 Order tracking operates in different ways:

if the email account you use to sign up for Shop is the same email account you used to make a purchase with a Merchant who uses the NAC Shop features, products or services (a “NAC Shop Merchant”), we will automatically populate that Order Information in Shop;
if you make a purchase on a NAC Wallet Site using NAC Wallet and you have a Shop account, we will automatically populate that Order Information in Shop;
if you have a supported email account (for example, Gmail), we will populate that Order Information in Shop via tokenized read access to your supported email account;
other accounts may also be voluntarily connected, where with your permission, we may access the applicable Order Information to provide you with tracking notifications; or
if you do not have a supported email account, or if you do not wish to grant Shop tokenized read access to your email or other accounts, you can manually input tracking information or forward relevant order tracking emails to a Shop-provided endpoint.

For 1.10(1)-(5) above, you acknowledge and agree that Shop will obtain relevant Shipping Information (including tracking numbers) and Order Information on your behalf and import this information into Shop for you to track and manage your purchase. Shop may also obtain a reference to the email that contains this information. In accordance with the Shop Privacy Policy, we do not permanently store any email content. Emails filtered by Shop will only be looked at by humans if you specifically allow this type of access.

Shopping and Product Recommendations

1.11 Shop’s product recommendations and shopping functionalities allow you to discover, browse, and purchase products from NAC Shop Merchants (“Products”). Shop may also make personalized recommendations to you based on Merchants you follow or your Saved Information. Notwithstanding any features or tools that we might make available in Shop, and unless otherwise explicitly stated, we do not endorse, and we are not affiliated with any Merchant or their Products.

Post-Purchase Offers

1.12 Post Purchase Offers. Post-purchase offers are discounts offered by Merchants and may be surfaced to you in Shop after you make a purchase from a NAC Shop Merchant in Shop (“Post Purchase Offer(s)”). Post-Purchase Offers will continue to be exposed to you in various surface areas in Shop until the discount has expired or you use it. NAC Shop Merchants are responsible for enabling the Post-Purchase Offer campaign and at a minimum, providing the discount type and amount. The automated campaign will run until the expiration date set by the NAC Shop Merchant or when the NAC Shop Merchant chooses to disable it. NAC Shop has no control over and will not be liable for any Post-Purchase Offers offered by NAC Shop Merchants.

2. NAC Shop’s role

2.1 Shop allows you to store your Saved Information with us so that you have a fast and easy checkout experience on NAC Wallet Sites, track your purchases in a centralized place, and browse, engage with and shop from your favourite NAC Shop Merchants.

2.2 Shop is a platform that connects you with Merchants, but any contract of sale made through Shop is directly between you and the Merchant. You, and not NAC Shop, are responsible for the purchases you make using Shop. The Merchant, and not NAC Shop, is responsible for the goods or services that you may purchase from them in Shop, including but not limited to delivery, refunds, fraud, advertising, liability relating to the Merchant’s products or services, or non-compliance with applicable law.

2.3 Your access to and use of Shop does not change your relationship with the Merchant, third party services or platforms (such as Facebook, Instagram, Amazon or Google) or with your bank or credit card company.

2.4 NAC Shop cannot intervene in any dispute between you and a Merchant for any transactions in Shop. If you find yourself in a dispute with a Merchant, another Shop user or a third party, we encourage you to contact the other party and try to resolve the dispute outside of Shop. You can submit a complaint in Shop, and Shop will forward your complaint to the NAC Shop Merchant with a request that they contact you directly. NAC Shop will not make judgments regarding factual disputes or legal issues or claims. NAC Shop has no obligation to resolve any disputes. You release NAC Shop from any claims, demands, and damages arising out of disputes relating to your use of Shop, including those with other users or parties.

2.5 Shop supports the protection of intellectual property and asks our users (including Merchants) to do the same. It’s our policy to respond to all notices of alleged copyright or trademark infringement. For more information, see our help page. If you find a Merchant or product that is violating the NAC Shop Acceptable Use Policy, please report that Merchant using the in-app reporting flow.

2.6 We make no warranties with respect to the products, services or information provided by Merchants through Shop, and we are not responsible or liable for: (a) Product liability claims; (b) claims that the offer or sale of Products or services via Shop fails to conform to any applicable legal or regulatory requirement; (c) claims respecting the Merchant’s Products, services, or practices arising under consumer protection or similar legislation; (d) any inaccurate, incomplete or out of date information offered by the Merchant; or (e) the acts or omissions of any third party platform where you may interact with or purchase from a NAC Wallet Site.

2.7 Occasionally there may be information available through Shop that contains typographical errors, inaccuracies or omissions that may relate to, among other things, Product descriptions, pricing, promotions, offers and availability. We have no obligation to update, amend or clarify information in Shop, including without limitation, pricing information, except as required by law or a Merchant. No specified update or refresh date should be taken to indicate that all information in Shop has been modified or updated.

3. Updating or terminating your Shop account

3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shop.

3.2 If you want to delete your Saved Information or stop storing information using Shop, please let us know by visiting https://nac-travel.org and opting out by submitting your email address, or by contacting us at shop@nac-travel.org. If you want to change any of your Saved Information, you can do so in the app, during your next checkout using NAC Wallet, or by visiting www.nac-travel.org for more instructions.

3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shop or any part thereof.

3.4 We reserve the right to modify or terminate Shop or any of the features or tools provided therein for any reason, without notice, and at any time.

3.5 We reserve the right to refuse service to anyone for any reason at any time.

3.6 If your access to Shop is terminated by you or us, we will delete your Saved Information in accordance with our Shop Privacy Policy.

4. Representations and warranties

By using Shop you represent and warrant that (i) you are at least 18 years of age, (ii) the information you provide in using Shop is true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties, (iii) you will not use Shop for any fraudulent, unlawful or abusive purpose, and (iv) your use of Shop is not in violation of any obligation imposed on you.

5. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Shop, its content, or any of the services available through the Shop: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, or local laws, regulations, rules, or ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious or destructive code; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the Internet; (xii) use Shop in such a way that could overburden, attack, damage, or otherwise negatively impact the performance of Shop, or any other user’s use of Shop; (xiii) to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Shop, Merchant data, any NAC Wallet Site, or any aspect or portion thereof, or (xiv) use any robot, spider, automatic device or process, or other automated or manual means to access Shop for any purpose. We reserve the right to terminate your use of Shop or any related website or application for violating any of the prohibited uses.

6. Limitation of liability; Disclaimer of warranties

6.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL NAC SHOP, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NAC SHOP AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.

6.3 YOUR USE OF SHOP IS AT YOUR SOLE RISK. THE SHOP SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

6.4 TO THE FULLEST EXTENT PERMITTED BY LAW, NAC SHOP AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP.

6.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP SERVICE WILL BE ACCURATE OR RELIABLE.

7. Governing law

These Terms of Service will be governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of South Africa with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shop. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

8. Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

9. Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Shop services or your rights under the Terms of Service by sending an email, providing notice through Shop app, or by similar means. Notwithstanding the foregoing, we may make changes to the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of Shop after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shop (refer to section 3).

10. Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion will be deemed to be severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions.

11. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, the Shop Privacy Policy, and any other policies or operating rules incorporated into these Terms of Service or posted by us in respect to Shop constitutes the entire agreement and understanding between you and us, and govern your use of Shop, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and us, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.

12. Survival

Upon termination of your use of Shop or termination of these Terms of Service for any reason, the following sections will survive termination: Preamble, Sections 1.6, 2, 3.6 and 4 through 12.