Terms & Conditions
Smart Mediator is licensed to You (End-User) by Nogodi Co, located at 2985, Street No. 30 – As Sahafah, 13321, Riyadh Saudi Arabia, (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application from the Apple AppStore & Android’s Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement. The parties of this License Agreement acknowledge that Apple nor Android is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. Nogodi Co., not Apple, nor Android, is solely responsible for the licensed application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in coincide with the latest App Store Terms of Service. Nogodi Co., acknowledges that it had the opportunity to review said terms and this License Agreement is not coinciding with them.
Smart Mediator (hereinafter: Application) is a piece of software created to secure non-commercial trade – and customized for Apple & Android mobile devices.
3.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
3.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Nogodi’s sphere of nuance that affect the executability of the Application.
3.3 You are required to inspect the Application immediately after installing it and notify Nogodi Co. about issues discovered without delay by e-mail or number provided on the website.
Nogodi charges a fee per transaction on the Buyer upon making a Purchase Request, that fee can minimally be 20SAR and can be higher based on the amount of the product. Encase the Seller rejected the purchase request or it was automatically rejected, a full refund is automatically issued to the buyer (including Service Fees + Tax).
However, if the seller accepts the purchase request and then after doing so, buyer or seller decides to cancel the request, then ONLY the product amount will be refunded to the buyer, as the paid service of mediating, in that case, is provided by Nogodi.
For defective or damaged products, please dispute the transaction within 24 hours of receiving it through the app to allow our team to investigate.
Nogodi Co. and the End-User acknowledge that Nogodi Co, and not Apple, is product liability claims; any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement.
You represent and warrant that You are not located in a country that is subject to a Saudi Arabian Government embargo, or that has been designated by the Saudi Arabian Government as a “terrorist supporting” country; and that You are not listed on any Saudi Arabian government list of prohibited or restricted parties.
The license is valid until terminated by Nogodi Co. or by You. Your rights under this license will terminate automatically and without notice from Nogodi if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Nogodi Co. represents and warrants that Smart Mediator will comply with applicable third-party terms of agreement when using licensed Application. In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
Nogodi Co. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringe on the third party’s intellectual property rights, Nogodi Co., and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
This license agreement is governed by the laws of The Kingdom of Saudi Arabia excluding its coincide of law rules.
11.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
11.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.