Please read these terms and conditions carefully before using our site.
Welcome to the Nafa Marketplace, an online marketplace run by Sophont Technologies Private Limited ('nafa.in', 'Nafa', 'we', 'our', or 'us') By agreeing to the terms of our website ('Site') you ('user', 'consumer', 'member','guest', or 'your') will have access to the India's first and only secondary market for gift cards. The Nafa Marketplace allows you to purchase and sell gift cards, merchant vouchers and other similar products (collectively the 'Products'). By clicking 'I agree' on the Site, you agree and acknowledge that you have fully read, acknowledged and consented to be bound by all terms, conditions and facts outlined in this Terms & Conditions of Use Agreement (the 'Agreement'). This Agreement, and its terms and conditions, applies to you and all registered users or guests who either (i) browse our Site knowingly or unknowingly, and/or (ii) utilize our site to facilitate their trading (purchasing or selling).
Nafa facilitates the trading (purchase or sale) of gift cards and other Products between seller to buyer; the buyer to seller, and from Nafa to both consumers, and from consumers to Nafa. Nafa also hosts unique consumer outlet discount vouchers on goods and services throughout various cities, states, and provinces.
nafa.in is free to join. You can join by registering and opening a User Account. Nafa maintains limited access to our Site, Products and services to guests and visitors who are not registered (do not have a User Account). It is recommended that guests and visitors register a User Account for access to the Site's full benefits (buying and selling, discounts, and updates). There is no initial purchase or sale obligation for any user to register a User Account.
You may establish a user account ('User Account') for your convenience, subject to the terms and conditions under this Agreement, by following the directions on the Site for registering and opening a User Account. Your User Account shall contain your profile and other personal information. Users of Nafa are limited to ONE Nafa account per user. Users who are found to be in violation of this policy will have the account closed. Users who are found to have multiple accounts will have all known and associated accounts closed for violating the USERS' USAGE POLICY.
Only you shall have control over your Nafa profile. With that entitlement it is your sole responsibility for all activities that occur under your User Account. You should keep your User Account information confidential. Under no circumstances is it appropriate, and it shall be strictly prohibited for you or anyone else to use another user's User Account. If you feel that your profile or User Account has been compromised in any way, or if there has been any unauthorized use of your User Account, you must notify us immediately. As further set forth in this Agreement, you agree to hold Nafa free from any liability pertaining to any losses whatsoever that may occur in the event that any unauthorized third party shall use or access your User Account or profile in any way.
Please be aware that we reserve the right to interrupt your service, access your User Account, and/or access to the Site or any services or Products we offer, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your User Account is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of the User Account, and you hereby agree to hold us irresponsible from any such losses which you may suffer as a result of or in any way related to such interruption or termination.
Registration and establishing a User Account is completely free. As a condition of nafa.in and your use of this site, you agree that:
You may be asked to provide any or all of the following information at the time you register a User Account and/or at point of sale:
You agree and acknowledge that all information provided to us shall be true, accurate, current, and complete in all material ways. Nafa reserves the right, but has no obligation, to verify your information through whatever means it may deem reasonable. Once a User Account has been opened and registered, you agree to update any information periodically so that your User Account is accurate and current at all times. Furthermore, once a User Account has been opened and registered, in full satisfaction of all the requirements for registration, we grant you permission to access and use our Site and services as set forth in this Agreement, provided your use is consistent with the intended features of the services we provide.
Nafa reserves the right from time to time, and in our sole and absolute discretion, to update, modify or amend this Agreement ('Changes') with or without notice. Any Changes to this Agreement will be reflected on our Site and revisions will be indicated by date. You agree to be bound to any Changes to this Agreement when you use any of our services or otherwise visit our Site after any such modification is made. Our best attempts under applicable law to notify you will be made, but it is your sole responsibility to periodically review this Agreement and any Changes thereto. Any and all Changes made shall be effective when posted. Any disputes arising and brought to our attention prior to any Changes becoming effective will be rectified under the terms of this Agreement as they existed on the date the dispute arose and was brought to our attention.
All users are expected and required to follow and adhere to the following code of conduct at all times when visiting our Site or otherwise using any services we offer.
Some promotional items require a maximum item-per-buyer limitation of one;
We expect you to use Nafa for its intended function and in conformity with this Agreement.
It is strictly prohibited to sell or offer for sale any property and/or Products that are not owned by the seller or that the seller does not have the absolute legal right to sell. Any criminal act, any act of fraud, and any intention or attempt to commit a criminal act or fraud is strictly prohibited. Any claims of criminal acts, fraud or misconduct, or intention to commit a criminal act, fraud or other misconduct, will be subject to investigation and may lead to the notification of appropriate law enforcement agencies. Criminal and/or fraudulent activities include, but are not limited to, the following with regard to any Products sold to Nafa, its affiliates, or to any of their members, users, and/or guests: (i) use of a Product after sale or in a manner that diminishes the value represented and (ii) sale of a Product to multiple parties.
Furthermore, all of the following are strictly prohibited:
As a condition of using or accessing the Site or any services or Products offered by or through Nafa, you hereby agree and acknowledge that all of the following conduct is strictly prohibited:
Your account with Nafa and any access to the products, services and/or any portion of our Site is and shall remain at the sole and absolute discretion of Nafa. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any Products, services and/or any portion of our Site for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of this Agreement at all times during any suspension or termination of your User Account or access to any Products, services or any portion of our Site.
Nafa has no special relationship with or fiduciary duty to you. You acknowledge that Nafa has no control over, and no duty to take any action regarding which users gain access to the Site and the authenticity of any claims made by users of the Site. You release Nafa from any and all liability for your having acquired or not acquired any Site Content through the Site. The Site may contain, or direct you to websites containing information that some people may find offensive or inappropriate. Nafa makes no representations concerning any content contained in or accessed through the Site, and Nafa will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Nafa is a marketplace that provides users access to promotions offered by third parties that are in no way affiliated with Nafa. As an intermediary, we are not responsible for the creation or redemption of promotions provided by third parties, nor can we be held responsible for transactions on third party websites. Use of third party logos and trademarks in no way constitutes an affiliation between Nafa and a third party.
Nafa may redirect you to other websites in order to provide for convenience on promotions and 3rd party hosted deals. We are not responsible for the content on other sites or the accuracy of materials, or privacy practices of those sites. If you decide to access websites maintained by other parties, you do so at your own risk.
YOU AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK. THE PRODUCTS (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED "BUYER's PROTECTION"), SITE CONTENT, SITE AND ANY SERVICES ARE PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, Nafa DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED ON THIS SITE (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED "BUYER's PROTECTION"). BY USING THIS SITE, YOU ACKNOWLEDGE THAT Nafa IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF OR INABILITY TO USE THE SITE OR PRODUCTS; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SITE CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY SITE CONTENT FROM THE SITE, INCLUDING BUT WITHOUT LIMITATION TO HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) SITE CONTENT POSTED IN ANY COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED SITE CONTENT.
FURTHERMORE, UNDER NO CIRCUMSTANCE IS Nafa (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED "BUYER's PROTECTION") OR ANY OF ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR ATTORNEYS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (collectively 'Damages') RESULTING FROM ANY USE, FAILURE TO USE, INABILITY TO USE OR MISUSE OF ANY PRODUCTS OR SERVICES OFFERED BY OR THROUGH Nafa.
The limitations contained in this section shall survive any failure of any exclusive or limited remedy. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
1. Gift Cards. The Nafa Marketplace may permit you to buy or sell certain gifts cards, codes or the like that are redeemable for goods and services from third parties ("Gift Card").
2. Selling Gift Cards. When you sell a Gift Card on or through the The Nafa Marketplace, you agree to transfer ownership of the Gift Card and any interest therein to the buyer in return for a payment in the amount designated in the Gift Card sale transaction ("Sale Transaction"). You agree not to, and agree not to permit or encourage anyone else to, redeem any portion of the Gift Card, or any interest therein, subsequent to the Sale Transaction.
3. Gift Card Verification. No Sale Transaction is complete, and Nafa will incur no payment obligations to you, until the buyer accepts delivery of and Nafa verifies all Gift Cards associated with such Sale Transaction. As a part of the verification process, Nafa may require a Seller to provide a copy of a valid photo ID proof prior to listing any Gift Cards for sale. Nafa accepts no responsibility for any Gift Cards, and Gift Cards cannot be sold until we verify the Gift Card balance and other details, and the Gift Card has been received by the Buyer. Nafa recommends you package all Gift Cards securely prior to mailing them to the Buyer in order to ensure your Gift Cards arrive safely. Upon Nafa's verification that all Gift Cards meet our Gift Card Sale Guidelines (Section 7 of this provision), Nafa will notify you of a completed Sale Transaction.
4. Seller's Representations and Warranties. Sellers hereby represent and warrant, and continue to represent and warrant, the following:
5. Right of Acceptance. In order to ensure the integrity of the Nafa Marketplace, we reserve the right to reject any card or cards that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our users, or merchants and gift card issuers. Nafa accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to the buyer or in return transit to the seller. You agree that until the buyer receives all Gifts Cards associated with a Sale Transaction, you remain liable for all risk of loss. Listing a Gift Card or Gift Cards on the Nafa Marketplace for sale in no way obligates Nafa to purchase such Gift Card or Gift Cards.
6. Invalid Gift Card. If Nafa receives a claim or otherwise discovers that a Gift Card you sold through the Nafa Marketplace has had the value depleted, the Gift Card was expired, the Buyer did not receive the Gift Card, or the Gift Card was for a business that has closed, and Nafa is able to verify such claim, Nafa reserves the right to charge you a replacement fee equal to the original value of the Gift Card, plus an additional ₹ 100 replacement fee (" Replacement Fee "). You agree and authorize Nafa to immediately charge any such Replacement Fee to you using the payment processing system you have selected in your account settings or otherwise provided during the Sale Transaction.7. Gift Card Sale Guidelines.
The following sale guidelines ("Gift Card Sale Guidelines") list the minimum requirements that Nafa sets forth in connection for any Sale Transaction of Gift Card on or through the Nafa Marketplace. Nafa may, at any time and in its sole discretion, update, modify, add or delete the requirements set forth in these Gift Card Sales Guidelines.
8. Payment of Sales Proceeds. On request from the Seller for any proceeds credited to Seller's account for the sale of a Gift Card, Nafa will pay the requested amount subject to the following:
9. Removal of Listed Gift Cards. All sales are final in the Nafa Marketplace; however, Nafa strives to protect you as a Buyer from a loss resulting from purchasing an invalid, fraudulent or stolen Gift Card. Notwithstanding anything to the contrary contained herein, Nafa's liability to you for any loss, damage or injury suffered by you in any way related to the Site or any Products or services used or purchased by you, or for any breach of any term or condition of this Agreement, or for any Damages, regardless of the form of action, will at all times be limited to the LESSER of the following:
"Lost Value" shall mean the difference between the monetary value of the Product that you expected to receive based on the description of the Product at the time of sale and the terms and conditions associated with the Product from the issuing merchant of the Product, and the actual value which could be redeemed from the merchant by tendering the Product and complying with all the terms and conditions set by the merchant. For example, if you purchased a gift card that was described as having a value of ₹1000, and you presented the Product to the relevant merchant and discovered that the Product had a remaining value or balance of ₹800, the Lost Value would be ₹200. These limitations shall apply to the fullest extent permitted by the applicable law.
Please review the section labeled "Disputes" for procedures following the event of a dispute or claim. Please note that your limited rights as set forth under this section may be forfeited or waived if you fail to provide proper notice or comply with other terms and conditions set forth under the section labeled "Disputes".
10. Commission and Fees. Registration on the Site is free, but Nafa charges sales commission and listing fees that cover the costs associated with running the Site. The User agrees that the commission and listing fees are paid by the Seller from the proceeds of the sale and are deducted from the sale proceeds prior to crediting the Seller's Nafa account balance. The sales commission is fifteen percent (15%) of the gift card sale price, the fee for listing a physical gift card is ₹50, and there is no listing fee associated with electronic cards. For example, if you sell a electronic gift card for ₹1000, the commission is ₹150 and Nafa will make ₹850 available to you in your user account.
It is imperative that you use and express discretion when using our Site or any site that may be similar in the service provided. nafa.in acts as a broker to unite users to engage in the purchase or selling of Gift Cards, Merchandise Credits, and other similar Products. Despite any attempt to ensure your satisfaction, we cannot prevent every act or intention to commit fraud by scamming or other illegitimate means. Please follow the following terms and conditions in the event you have a dispute regarding the purchase or sale of any Product you have made through the use of our Site.
Nafa will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the complaint resolution process. In the event you fail to respond to any request we may make in relation to a complaint within five (5) days, we reserve the right to close the complaint and take no further action in the matter, in which event it shall conclusively be presumed that your complaint has been resolved to your satisfaction. Furthermore, in the event you have not notified us for any reason of a complaint within thirty (30) days after purchase of the Product, unless the product cannot be used within a thirty (30) day period after purchase, in which event within thirty (30) days of the first day on which the Product can be used, you hereby agree that all rights to receive any compensation from Nafa (as set forth under the sections labeled Nafa Marketplace "Buyer's Protection") shall be waived and forfeited and we shall have no further liability or obligation with regard to such claim. We reserve the right to refer any complaint to the proper authorities for investigation or review.
You understand and agree that Nafa may, without further notice or warning and in our sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes and for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Nafa, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
If (a) a sale is cancelled for any reason; (b) you engage in any activity prohibited under this Agreement; (c) we reasonably believe that you have committed fraud or any other illegal act or omission during any buying or selling activity; (d) subject to the exceptions set forth in "Gift Card Marketplace" Section 4.8, you aren't able to produce the exact gift card that you have listed on the Site or send the gift card on or before the expected shipment date or you otherwise fail to fulfill the sale or your gift cards; (e) you send incorrect, misrepresented, invalid, fraudulent, or counterfeit gift cards for any sale or portion of a sale; (f) you resell, invalidate, or change a gift card; (g) you otherwise owe Nafa a specific amount, then you authorize Nafa to withhold payment or charge your payment method any amount you owe us and all costs Nafa incurs due to your conduct, including but not limited to: a late shipment fee or late delivery fee, reissue fee, shipping rerouting charges, the of replacement gift cards and other costs required to compensate the buyer for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.
You agree to defend, indemnify and hold harmless Nafa, its subsidiaries, its affiliates, their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of content you submit to the Site, post or make available through any service or website offered by Nafa, your use of such service, site or website, and your violation of any terms or conditions under this Agreement. Notwithstanding the foregoing, Nafa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Agreement. You further agree to cooperate, at your expense, with Nafa's defense of such claims. Nafa will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You agree that Nafa is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Nafa and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest, and expenses (including reasonable attorneys" fees) incurred by Nafa that arise out of any third party of governmental claim that involves, relates to, or concerns and federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order, or decree. You agree to provide Nafa with your Social Security Number or tax ID if necessary for Nafa to provide information to the Internal Revenue Service related to payments you receive from us and further authorize Nafa to release that information to the IRS or other competent governmental body.
The contents on the Site ('site Content') and the trademarks, service marks and logos contained therein, are owned by or licensed to Nafa and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. Site Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Nafa in the United States and/or as part of domain names, in connection with any Product or service in any manner and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nafa.