Conditions of Use
Welcome to NewBuy.mg. DR TECH (“DR TECH “) provides website features and other products and services to you when you visit or shop at newbuy.mg, use NewBuy products or services, use NewBuy applications for mobile, “NewBuy”). DR TECH provides the NewBuy services subject to the following conditions.
By using NewBuy Services, you agree to these conditions. Please read them carefully.
When you use a NewBuy Service (for example, Your Profile, Gift Cards, Your Media Library) you also will be subject to the guidelines, terms and agreements applicable to the NewBuy Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of NewBuy Services, to understand our practices.
When you use NewBuy Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any NewBuy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of NewBuy or its content suppliers and protected international copyright laws. The compilation of all content included in or made available through any NewBuy Service is the exclusive property of NewBuy and protected by international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NewBuy Service are trademarks. NewBuy’s trademarks and trade dress may not be used in connection with any product or service that is not NewBuy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NewBuy. All other trademarks not owned by NewBuy that appear in any NewBuy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NewBuy.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, NewBuy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NewBuy Services. This license does not include any resale or commercial use of any NewBuy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any NewBuy Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NewBuy or its licensors, suppliers, publishers, rightsholders, or other content providers. No NewBuy Service, nor any part of any NewBuy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NewBuy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NewBuy without express written consent. You may not use any meta tags or any other “hidden text” utilizing NewBuy’s name or trademarks without the express written consent of NewBuy. You may not misuse the NewBuy Services. You may use the NewBuy Services only as permitted by law.
You may need your own NewBuy account to use certain NewBuy Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. NewBuy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NewBuy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant NewBuy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NewBuy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NewBuy for all claims resulting from content you supply. NewBuy has the right but not the obligation to monitor and edit or remove any activity or content. NewBuy takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from NewBuy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
NewBuy does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, NewBuy does not take title to the refunded item.
NewBuy attempts to be as accurate as possible. However, NewBuy does not warrant that product descriptions or other content of any NewBuy Service is accurate, complete, reliable, current, or error-free. If a product offered by NewBuy itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on NewBuy and other retailers. With respect to items sold by NewBuy, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by NewBuy is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any NewBuy Service if you are the subject of sanctions or of sanctions consistent with law imposed by the governments of the country where you are using NewBuy Services. You must comply with all export and re-export restrictions that may apply to goods, technology, and services.
Parties other than NewBuy operate stores, provide services or software, or sell product lines through the NewBuy Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from NewBuy. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). NewBuy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NEWBUY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWBUY SERVICES ARE PROVIDED BY NEWBUY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEWBUY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NEWBUY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWBUY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NEWBUY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, NEWBUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEWBUY DOES NOT WARRANT THAT THE NEWBUY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEWBUY SERVICES, NEWBUY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NEWBUY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NEWBUY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NEWBUY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NEWBUY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any NewBuy Service, or to any products or services sold or distributed by NewBuy or through NewBuy.mg will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any NewBuy Service, the laws of the country where you are using the NewBuy service, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NewBuy.