Terms of Service | NOU Marketplace

1. Acceptance of Terms

By creating an account, browsing, or making a purchase on the NOU Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform. We reserve the right to update or modify these Terms at any time, and your continued use of the Platform following any changes constitutes your acceptance of the revised Terms.

2. Account Terms

To use certain features of the Platform, you must create an account. When creating and maintaining your account, you agree to the following:

You must be at least 13 years of age to create an account and use the Platform. If you are between 13 and 18 years of age, you must have the consent of a parent or legal guardian.
You must provide accurate, current, and complete information during the registration process and keep your account information updated at all times.
You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.
You must notify NOU immediately at support@nou.ht if you suspect any unauthorized access to or use of your account.
You may not create multiple accounts for deceptive purposes, use another person's account without authorization, or sell or transfer your account to any third party.

3. Marketplace Nature

NOU operates as a multi-vendor marketplace platform that connects buyers with independent sellers (small and medium-sized businesses) in Haiti. It is important to understand that:

NOU is not a seller of goods. NOU provides the technology platform that facilitates transactions between buyers and independent sellers.
Each seller on the Platform operates as an independent business entity. NOU does not control, endorse, or assume responsibility for the quality, safety, legality, or availability of products listed by sellers.
The contract of sale for any product purchased through the Platform is formed directly between the buyer and the seller. NOU is not a party to that contract.
NOU may provide tools, guidelines, and dispute resolution assistance to facilitate a positive marketplace experience, but does not guarantee the outcome of any transaction.

4. Seller Responsibilities

If you register as a seller on the NOU Platform, you agree to the following additional obligations:

You must provide accurate, complete, and truthful product listings, including descriptions, pricing, images, availability, and any applicable shipping or return policies.
You are solely responsible for the fulfillment of orders, including packaging, shipping, delivery timelines, and handling customer inquiries related to your products.
You must comply with all applicable laws and regulations of the Republic of Haiti, including consumer protection laws, tax obligations, and any required business licenses or permits.
You must not list prohibited items, counterfeit goods, stolen property, or any products that violate applicable laws or intellectual property rights of third parties.
You agree to respond to buyer messages and disputes in a timely manner, generally within 48 hours of receipt.
NOU reserves the right to suspend or terminate seller accounts that repeatedly fail to meet these obligations, receive excessive negative reviews, or engage in fraudulent activity.

5. Buyer Protections

NOU strives to provide a safe and trustworthy marketplace for buyers. While we cannot guarantee every transaction, NOU provides the following protections:

Sellers are required to provide accurate product listings and fulfill orders as described. NOU monitors seller performance and takes action against sellers who consistently fail to meet standards.
NOU provides a messaging system that allows buyers to communicate directly with sellers regarding orders, products, and any concerns.
In the event of a dispute, NOU offers a mediation process to help resolve issues between buyers and sellers. See our Refund Policy for additional details.
NOU does not guarantee the quality, condition, fitness for purpose, or legality of any product listed on the Platform. Buyers are encouraged to review product descriptions, seller ratings, and reviews before making a purchase.
NOU is not responsible for delays caused by shipping carriers, customs, natural disasters, or other events outside the control of the Platform or the seller.

6. Payment Processing

NOU facilitates payments through trusted third-party payment processors. By making a purchase on the Platform, you agree to the following:

Payments are processed securely through third-party providers, including Stripe (credit and debit cards), MonCash (Haiti mobile money), and PayPal. Each provider is subject to its own terms of service and privacy policy.
The Platform supports transactions in United States Dollars (USD) and Haitian Gourdes (HTG). Currency conversions are performed at the prevailing exchange rate displayed at the time of purchase.
NOU does not store your full credit card number, bank account details, or MonCash PIN. All sensitive payment information is handled directly by the respective payment processor.
Additional payment methods, including bank transfer and cash on delivery, may be available for certain transactions. The terms and availability of these methods are determined on a per-transaction basis.
NOU may charge service fees or transaction fees in connection with the use of the Platform. Any applicable fees will be disclosed before you confirm your purchase.

7. Intellectual Property

The NOU name, logo, trademarks, website design, mobile application, and all original content created by NOU (including text, graphics, software, and code) are the intellectual property of NOU and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any NOU intellectual property without prior written consent.

Sellers retain ownership of their product listings, images, and descriptions. By listing products on the Platform, sellers grant NOU a non-exclusive, royalty-free, worldwide license to display, promote, and distribute their content in connection with the operation of the Platform. This license terminates when the seller removes the content or closes their account.

If you believe that your intellectual property rights have been infringed by content on the Platform, please contact us at support@nou.ht with a detailed description of the alleged infringement.

8. Prohibited Activities

When using the NOU Platform, you agree not to engage in any of the following activities:

Fraud, misrepresentation, or any deceptive practices, including creating fake accounts, posting misleading product listings, or manipulating reviews and ratings.
Listing or selling illegal, counterfeit, stolen, hazardous, or prohibited goods or services under Haitian law.
Harassment, abuse, threats, or discriminatory behavior toward other users, sellers, or NOU staff through the messaging system or any other communication channel on the Platform.
Attempting to circumvent, disable, or interfere with the Platform's security features, payment systems, or infrastructure.
Scraping, data mining, or using automated tools to extract data from the Platform without NOU's express written permission.
Using the Platform for money laundering, terrorist financing, or any other activity that violates applicable anti-money laundering laws and regulations.
Circumventing the NOU payment system by arranging transactions outside of the Platform to avoid fees or protections.

9. Dispute Resolution

NOU encourages all parties to resolve disputes amicably. In the event of a dispute between a buyer and a seller, the following process will apply:

Direct Communication: Buyers and sellers should first attempt to resolve disputes directly through the Platform's messaging system.
Mediation by NOU: If the parties are unable to reach a resolution within 7 days, either party may escalate the dispute to NOU support at support@nou.ht. NOU will review the matter and provide a recommended resolution within 14 business days.
Binding Arbitration: If mediation is unsuccessful, any remaining disputes shall be submitted to binding arbitration in accordance with the laws of the Republic of Haiti. Arbitration shall be conducted in Port-au-Prince, Haiti, and the decision of the arbitrator shall be final and binding on both parties.
Class Action Waiver: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

NOU, its directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform.
NOU's total aggregate liability for any claims arising from or related to these Terms or the Platform shall not exceed the total amount of fees paid by you to NOU in the twelve (12) months preceding the claim.
NOU does not warrant that the Platform will be uninterrupted, error-free, or free from harmful components. The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.
NOU shall not be liable for any losses resulting from transactions between buyers and sellers, including but not limited to product quality, delivery failures, or seller misconduct.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Haiti, without regard to its conflict of law principles. Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the courts of Port-au-Prince, Haiti, and you consent to the personal jurisdiction of such courts.

12. Modification of Terms

NOU reserves the right to modify these Terms at any time. When we make material changes, we will notify users by posting the updated Terms on the Platform with a revised "Last Updated" date, and where appropriate, through email or in-app notifications. Changes become effective immediately upon posting unless otherwise stated. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must discontinue your use of the Platform and close your account.

13. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

Email: support@nou.ht
Platform: NOU Marketplace
Location: Port-au-Prince, Haiti