Privacy Policy

INFORMATION GATHERED BY WWW.NIGHTJAR.COFFEE.

This is Nightjar Coffee Roasters’ online privacy policy (“Policy”). This policy applies only to activities Nightjar Coffee Roasters LLC (Nightjar) engages in on its website (www.nightjar.coffee) and does not apply to Nightjar’s activities that are “offline” or unrelated to the website.

‍Nightjar collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the Nightjar’s website can include information such as the type of browser you are using, and the length of the visit to the website. You may also be asked to provide personally identifiable information on the Nightjar website, which may include your name, address, telephone number and e-mail address. This information can be gathered when feedback or e-mails are sent to Nightjar when you register for services or make purchases via the website. In all such cases, you have the option of providing us with personally identifiable information.

USE AND DISCLOSURE OF INFORMATION. Except as otherwise stated below, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our site. We will disclose your Delivery information to third parties for order tracking purposes or process your check or money order, as appropriate, fill your order, improve the functionality of our site, perform statistical and data analyses deliver your order and deliver promotional emails to you from us. For example, we must release your mailing address information to the delivery service to deliver products that you ordered.

All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties

COOKIES. Cookies are small bits of data cached in a user’s browser. Nightjar utilizes cookies to determine whether or not you have visited the home page in the past. However, no other user information is gathered.

‍Nightjar may use non-personal “aggregated data” to enhance the operation of our website or analyze interest in the areas of our website. Additionally, if you provide Nightjar with content for publishing or feedback, we may publish your user name or other identifying data with your permission.

‍Nightjar may also disclose personally identifiable information in order to respond to a subpoena, court order or another such request. Nightjar may also provide such personally identifiable information in response to a law enforcement agencies request or as otherwise required by law. Your personally identifiable information may be provided to a party if Nightjar files for bankruptcy or there is a transfer of the assets or ownership of Nightjar in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.

‍Nightjar takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, Nightjar cannot guarantee the security of any information that is disclosed online.

OTHER WEBSITES. Nightjar is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.

MINORS. Nightjar does not knowingly collect personal information from minors under the age of 18. Minors are not permitted to use the Nightjar website or services, and Nightjar requests that minors under the age of 18 not submit any personal information to the website. Since information regarding minors under the age of 18 is not collected, Nightjar does not knowingly distribute personal information regarding minors under the age of 18.

CORRECTIONS AND UPDATES. If you wish to modify or update any information Nightjar has received, please contact shot@nightjar.coffee

MODIFICATIONS OF THE PRIVACY POLICY. The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted”.

Terms and Conditions

Nightjar Coffee Roasters LLC (Nightjar) maintains the www.nightjar.coffee Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the site you expressly agree to be bound by these Terms of Use and the Nightjar privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Nightjar reserves the right to change these Terms of Use at any time, effective immediately upon posting on the site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Nightjar may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Nightjar may change, suspend, or discontinue any aspect of the Site at any time. Nightjar may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

SITE OPERATION: United Arab Emirates is our Country of Domicile. Nightjar controls this Site from the U.A.E. Nightjar makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

PURCHASES. Nightjar accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver Nightjar Coffee Roasters LLC. All refunds will be made onto the original mode of payment.

OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Nightjar will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Nightjar through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Nightjar to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Nightjar to do so. The content and software on this Site is the property of Nightjar Coffee Roasters LLC. The cardholder must retain a copy of transaction records and Merchant policies and rules.

YOUR ACCOUNT. If you use Nightjar’s Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Nightjar’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Nightjar will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Nightjar has no control over these sites or the content within them. Nightjar does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Nightjar Coffee Roasters does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Nightjar Coffee Roasters LLC for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at shot@nightjar.coffee.

COPYRIGHT POLICY. Nightjar may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY. Nightjar is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Nightjar’s system. The On-line Materials are Nightjar Coffee Roasters intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of Nightjar, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of Nightjar Coffee Roasters LLC. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Nightjar. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Nightjar.

You acknowledge and agree that Nightjar Coffee Roasters LLC will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Nightjar’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Nightjar or perfect these rights, titles or interests in Nightjar Coffee Roasters name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. NIGHTJAR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. NIGHTJAR ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. NIGHTJAR COFFEE ROASTERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATATIONS. NIGHTJAR WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE. You understand and agree that in Nightjar’s sole discretion, and without prior notice, Nightjar may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Nightjar believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Nightjar, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Nightjar Coffee Roasters for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Nightjar Coffee Roasters may release user information about you if required by law or subpoena.
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