Nash Technologies - Canada Online Terms
These terms and conditions (the “Terms”) govern your use of the Nash Platform (as defined below) provided to you under these Terms by Nash Deliveries Technologies Canada Inc. and its affiliates (collectively, “Nash”). By accessing the Nash Platform, acknowledging these Terms, or signing an agreement with Nash incorporating or containing links to these Terms, you (“you” or “Customer”) are agreeing to these Terms. Please read these Terms carefully. It includes information as to your responsibilities, how you and Nash may alter or terminate the Terms, what to do if there is a problem and important information about liability.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER THAT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
“Delivery Provider” means an individual or entity that will fulfill an Order by delivering Goods to a Recipient.
“Goods” means the items in an Order that will be delivered to the Recipient.“Marketplace Customer” has the meaning specified in Section 3(C) below.
“Marketplace Platform” means a third party technology platform that is integrated with the Nash Platform and that enables the exchange of information regarding Orders and related Goods between such Marketplace Platform and the Nash Platform. The Marketplace Platform may be operated by Customer or, if Customer is a Merchant, by a third party.
“Merchant” means the business that places an Order for Goods to be delivered to a Recipient. To the extent Customer places an Order directly via the Nash Platform for delivery of Customer’s Goods to a Recipient, the term “Merchant” as used in these Terms includes Customer.
“Nash API” means the Nash application programming interface that enables the exchange of information between Nash and the Customer or a Marketplace Platform, as applicable.
“Nash Platform” means the Nash API, Nash website, documentation, software and any related Nash technology made available by Nash to Customer under these Terms (including any mobile application and web-based platform, if and when developed and made available by Nash) designed to facilitate the submission and receipt of information regarding Orders and related Goods.
“Order” means a delivery instruction placed by a Merchant either (i) directly through the Nash Platform or (ii) through a Marketplace Platform that sends the instruction to or processes the instruction using the Nash Platform, in each case which delivery instruction is accepted by Nash for fulfillment by a Delivery Provider.
“Recipient” means the business or other entity to which Goods subject to an Order will be delivered.
A. Nash Platform. Nash will make the applicable portions of the Nash Platform available to Customer, as necessary to exchange information regarding and process Orders in accordance with these Terms and the Nash policies located at: Nash — Terms - Privacy Policy and related documentation as provided by Nash from time to time.
B. Support and Service Levels. Nash will provide technical support in connection with use of the Nash Platform twenty-four hours a day, seven days a week (“Support Hours”) via email at support@usenash.com. Nash will use commercially reasonable efforts to make the Nash Platform available, twenty-four hours a day, seven days a week, except for excused downtime, which, for purposes of these Terms, means (i) planned downtime which shall only occur between the hours of midnight and 3am Pacific Time (with reasonable advance notice to Customer) of the Nash Platform; (ii) emergency downtime of the Nash Platform; and (iii) any unavailability of the Nash Platform caused by circumstances beyond Nash’s reasonable control.
C. Integration. Upon reasonable request from Customer, Nash will cooperate with Customer to integrate Customer’s systems and, if applicable, the Marketplace Platform systems with the Nash API and other elements of the Nash Platform.
A. Order Information. You will provide all information required to fulfill each Order processed via the Nash Platform, including the Recipient’s address, contact information and any special instructions required for fulfillment of an Order. If Customer operates a Marketplace Platform that receives Order information from Merchants, Customer will promptly provide all Order information received from a Merchant without alteration to Nash via the Nash API or other element of the Nash Platform as agreed between Customer and Nash. Customer is responsible for any liability arising from inaccurate or incomplete information provided by you.
B. Requested Delivery Requirements. Nash will use commercially reasonable efforts to match your Orders to available Delivery Providers that are willing to comply with any requested delivery requirements. Customer acknowledges, however, that the availability of such Delivery Providers may vary from time to time, and that Nash makes no representations or warranties that any Delivery Partner identified by the Nash Platform will meet the requested delivery requirements.
C. Consents. Customer is responsible for obtaining, or causing to be obtained, all consents, permissions and approvals from Recipients and, if Customer operates a Marketplace Platform, from agreementMerchants, in each case as necessary for Nash to use the Order information, contact information (including telephone numbers) and other information received from Recipients or, if applicable, Merchants, in each case to enable tracking, delivery and fulfillment of Orders by Nash and the applicable Delivery Providers, including any consents, permissions or approvals necessary from Recipients and Merchants necessary to contact the Recipients and Merchants and provide delivery status updates and other information regarding Orders by email, text messages, and telephone communications; provided that if Customer operates a Marketplace Platform and Nash has an agreement with the applicable Merchants with respect to use of the Nash Platform via such Marketplace Platform (such Customers, “Marketplace Customers”) then such Merchants will be responsible for obtaining such consents, permissions and approvals. To the extent Nash and/or the applicable Delivery Providers communicate directly with Recipients, such communications are limited only to transactional information regarding Orders and may not include any marketing content, and both Nash and the applicable Delivery Providers will honor any Recipient opt-out requests from further communication whether made via email, text message, or telephone.
D. Gratuities. To the extent that Recipients have the option of designating gratuities or tips to the Delivery Provider when they place or accept Orders (“Tips”), Customer shall pay the entire amount of such Tips to Nash so that Nash may pass such Tips to the Delivery Providers who fulfill such Orders. Nash is not responsible for the payment to Delivery Providers of any Tips that Customer does not promptly pay to Nash in connection with an Order.
E. Pass-Through Terms. In the event Customer makes the Nash Platform available to Merchants with which Nash does not have a direct contractual relationship regarding the use of the Nash Platform, Customer shall enter into an agreement with such Merchants regarding Merchant’s use of the Nash Platform that include terms at least as protective of Nash as the terms contained in these Terms (each, a “Merchant Agreement”) before making the Nash Platform available to such Merchants, and such agreement shall contain terms.
F. Merchant Liability. To the maximum extent permitted by law, you are solely responsible for the acts and omissions of each Merchant, and the acts or omissions of each Merchant will be deemed to be your acts or omissions for the purposes of these Terms. For clarity, if Nash suffers any loss arising from or in connection with the acts or omissions of any Merchant, Nash may recover any losses from you under these Terms (including under any indemnity), as if such Losses arose from or in connection with the acts or omissions of Customer or any of its employees, agents or contractors. Customer will not be liable to the extent that such losses are caused directly by the fraudulent, negligent or unlawful act or omission by Nash.
F. Compliance with Laws. Customer shall comply with all applicable laws and regulations in connection with the performance of its obligations or exercise of its rights under these Terms, including holding any licenses, permits or insurance that may be legally required to sell products included in Orders.
G. Non-Discrimination. You must not, in the use of the Nash Platform and related services under these Terms, discriminate against any employee, volunteer, or participant, or individual based on race, colour, gender, pregnancy, marital status, familial status, sexual orientation, gender identity or expression, religion, ancestry, national origin, disability, or age. Customer acknowledges and agrees that upon Nash’s receipt of evidence of discrimination by the Company under any of these categories, Nash will have the right to immediately terminate these Terms and Customer’s use of the Nash Platform following notice to you.
Orders may be subject to the terms and conditions imposed on such Order by the applicable Delivery Provider, such as the Delivery Provider’s cancellation and refund policies, as well as terms of carriage (“Delivery Provider Terms”) and that the fulfillment of the applicable Order by such Delivery Provider may be contingent upon Customer’s acceptance of such terms. Customer agrees that it is solely responsible for its compliance with Delivery Provider Terms, and that in the event of any issue related to the fulfillment of any Order, Customer will follow any support, refund, cancellation and other relevant terms, conditions and policies set forth in the applicable Delivery Provider Terms.
Notwithstanding the foregoing if you are using the Square On-Demand Delivery Service, in the event Delivery Provider Terms conflict with the Square On-Demand Delivery Terms of Service located at https://squareup.com/us/en/legal/general/odd-tos, the Square On-Demand Delivery Terms of Service will prevail.
In addition to fees that will be due to the Delivery Provider, Customer shall also pay any and all other fees presented conspicuously to Customer by Nash, including but not limited to platform fees, service fees, catering and other task specific fees, and Nash delivery orchestration fees. Whether Customer is paying via credit card, debit card, or ACH (“Payment Method”), Customer shall provide accurate and complete information as necessary to enable Nash to collect the Nash fees due. Payments will be charged to Customer’s Payment Method on the schedule presented to Customer by Nash within the Nash account creation process or within the account, or as otherwise agreed between the Parties. By providing the Payment Method to Nash, Customer thereby authorizes Nash and our payment processor to collect, store, transfer, and charge the Payment Method, at a schedule determined by Nash, for an amount equivalent to the total fees that are owed to Nash as well as any additional fees, taxes, or surcharges that may apply. If Customer’s primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, Customer agrees that we may use a secondary Payment Method in Customer’s account, if available. We reserve the right to revoke access to any feature, product, or component of the Nash Platform in the event that we are unable to charge the Payment Method for amounts that are due. Charges paid by Customer are final and non-refundable, unless otherwise determined by Nash. Nash may use a third-party payment processor to bill Customer through the Payment Method linked to Customer’s account. Notwithstanding any amounts owed to Nash hereunder, Nash does not process payments for any Customer services or Goods. Customer must provide and maintain a current, complete and accurate Payment Method with Nash. Customer represents and warrants that Customer has the legal right to use any such Payment Method. Nash reserves the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment. If Nash, through the payment processor, does not receive payment from Customer, Customer agrees to pay all amounts due on the account upon demand. Customer authorizes Nash to attempt repeat charges on the Payment Method if an initial attempt to charge fails.
A. Term and Termination. These Terms will commence on the date Customer commences use of the Nash Platform (“Effective Date”), and continue for a period of one (1) year from the Effective Date after which will automatically renew for consecutive one (1) year periods. Customer is free to cease using the Nash Platform at any time, with no prior notice to Nash. Customer agrees that Nash, in its sole discretion, may suspend or terminate Customer’s account (or any part thereof) or use of the Nash Platform and remove and discard any content within the Nash Platform, for any reason, including for lack of use or if Nash believes that Customer has violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Customer’s use of the Nash Platform, may be referred to appropriate law enforcement authorities. Nash may also in its sole discretion and at any time discontinue providing the Nash Platform, or any part thereof, upon written notice. Customer agrees that any termination of access to the Nash Platform under any provision of these Terms may be effected upon notice and acknowledge and agree that Nash may immediately deactivate Customer’s account. Customer agrees that Nash will not be liable to Customer or any third party for any termination of Customer’s access to the Nash Platform. In addition, these Terms will terminate automatically, if either Party ceases conducting business in the normal course, becomes insolvent or makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets; or voluntarily or involuntarily becomes subject to any proceeding under any bankruptcy, reorganization, insolvency, or receivership law or statute.
B. Effect of Termination. Upon expiration or termination of these Terms for any reason Customer shall pay Nash any outstanding fees and cease all use of the Nash Platform.
A. License. Nash grants to Customer during the term a non-exclusive, non-transferable license to access and use the Nash Platform solely to exercise its rights and perform its obligations under these Terms.
B. Certain Restrictions. Customer shall not, and shall not allow any third party to: (i) make the Nash Platform available to any third party or use the Nash Platform for the benefit of anyone other than Customer unless expressly permitted otherwise in these Terms; (ii) sell, resell, license, sublicense, distribute, make available, rent or lease the Nash Platform; (iii) use the Nash Platform to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (iv) use the Nash Platform to store or transmit malicious code; (v) attempt to circumvent or disable any security or other technological features or measures of, or otherwise gain or attempt to gain unauthorized access to, the Nash Platform or related systems or networks; (vi) permit direct or indirect access to or use the Nash Platform in a way that circumvents these Terms; (vii) modify, copy, or create derivative works based on the Nash Platform or any part, feature, function or user interface thereof; or (viii) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile the Nash Platform or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics, or (3) copy any ideas, features, functions or graphics.
C. No Development. EACH PARTY ACKNOWLEDGES AND AGREES THAT NEITHER PARTY WILL DEVELOP ANY TECHNOLOGY, CONTENT, OR ANY OTHER INTELLECTUAL PROPERTY FOR THE OTHER UNDER THESE TERMS. If there are any development activities to occur between the Parties, the Parties will enter into a separate written agreement to govern any development of technology, content, or intellectual property prior to the commencement of such development.
D. Modifications. Nash reserves the right to modify, suspend, or discontinue the Nash Platform or any part thereof at any time.
E. Suspension. Nash may suspend access to all or a portion of the Nash Platform (including the Nash API) in the event Customer violates these Terms or uses the Nash Platform in a manner that does or could cause harm to Nash, Merchants, Recipients or other third parties. Nash will notify Customer of any such suspension.
F. Ownership. Nash owns all right, title, and interest in and to the Nash Platform. Neither Nash nor Customer shall obtain any ownership right in any Goods under these Terms.
A. Definition. The term “Confidential Information” shall mean any business, technical or financial information or materials of a Party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with these Terms that the Receiving Party knew or should reasonably know under the circumstances and/or by the nature of the information, is the confidential information of the Disclosing Party. Confidential Information does not include information that: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information being disclosed to the Receiving Party in connection with these Terms; (ii) was or becomes public domain other than by the fault of the Receiving Party; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party's knowledge, was not at the time under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by documentary records was independently developed by the Receiving Party without access to, use of or reference to any Confidential Information.
B. Use and Disclosure. The Receiving Party shall: (i) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations in accordance with these Terms; (ii) except subject to its compliance with these Terms, not disclose or permit access to Confidential Information other than to its or any of its employees, officers, directors, consultants, agents, independent contractors, service providers, subcontractors and legal advisors (“Representatives”) who need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with these Terms, and prior to any such disclosure are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section; and (iii) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its most/similarly sensitive information and in no event less than a reasonable degree of care.
C. Compelled Disclosures. If the Receiving Party is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall promptly notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under this Section 8 and provide reasonable assistance to the Disclosing Party, at the Disclosing Party's sole expense, in opposing or seeking protective limitations on disclosure.
THE NASH PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, NASH EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT NASH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OF GOODS, ACTS OR OMISSIONS OF DELIVERY PROVIDERS OR RECIPIENTS, INCORRECT MERCHANT OR RECIPIENT INFORMATION, INCORRECT CUSTOMER INFORMATION, OR ANY CLAIMS, DAMAGES, PENALTIES OR OTHER LIABILITIES CAUSED BY OR RESULTING FROM ANY OF THE FOREGOING. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE NASH PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS AND CUSTOMER AGREES THAT NASH WILL HAVE NO LIABILITY ARISING FROM ANY SUCH INTERRUPTIONS AND THAT NASH IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY COMMUNICATIONS NETWORK OR SERVICE OR ANY OUTAGES OR OTHER FAILURES OF ANY THIRD PARTY HOSTING PROVIDERS OR OTHER PROVIDERS OF INFORMATION TECHNOLOGY SERVICES.
OTHER THAN WITH RESPECT TO INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL NASH BE LIABLE TO CUSTOMER UNDER THESE TERMS FOR LOST PROFITS, LOST REVENUES, HARM TO GOODWILL, OR THE LIKE OR FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NASH’S MAXIMUM AGGREGATE LIABILITY RELATED TO OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED C$100,000. THE LIMITATION AND EXCLUSION PROVISIONS IN THIS SECTION APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. WITHOUT LIMITING THE FOREGOING, NASH SHALL HAVE NO LIABILITY WITH RESPECT TO LATE OR DAMAGED DELIVERIES OR OTHER ACTS OF, OMISSIONS OF, OR FAILURES CAUSED BY DELIVERY PROVIDERS, INCLUDING ANY DAMAGE TO OR LOSS OF ANY GOODS. CUSTOMER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THESE TERMS, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE FEES AND OTHER TERMS SET FORTH IN THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
Customer agrees to indemnify Nash, its affiliates, members, managers, partners, officers, directors and employees from and against any and all claims, costs, liabilities, damages, judgments and reasonable attorneys’ fees asserted against or incurred by Nash in connection with any third-party claim or demand that arises out of or relates to (a) Customer’s fraud, gross negligence, bad faith or willful misconduct; (b) Customer’s violation of applicable laws or regulations; (c) Customer’s infringement or misappropriation of intellectual property rights of a third party; or (d) Customer’s breach of these Terms.
A. Platform Only. The Nash Platform is a web-based technology that connects Customer, Merchants and Delivery Providers as described in these Terms. Nash is not a broker, freight forwarder, or shipper as such terms may be defined in applicable law.
B. Independent Contractors. Customer and Nash agree they are independent businesses whose relationship is governed by these Terms. Nothing in these Terms or the Parties’ relationship or related transactions shall create or be construed as creating an agency, fiduciary or joint venture relationship between Nash and Customer. These Terms do not make either Party an agent, legal representative, joint venture, or partner of the other Party for any purpose.
Customer agree that Nash may modify the terms of these Terms from time to time. In the event Nash makes any material changes to the Terms, Nash will notify Customer by electronic mail, via a notice on the Nash Platform, or other means of communication. Any changes to these Terms will be effective upon the earlier of (i) the date Customer accepts the new terms by using the Nash Platform after receipt of the foregoing notice or otherwise or (ii) 30 calendar days following Customer’s receipt of such notice.
The Parties may have entered into an order form or related document (“Order Form”) which incorporates these Direct API Terms. In the event of inconsistencies between the Order Form and the Terms, the Order Form will prevail, followed by these Terms with respect to the conflict.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. The seat of arbitration shall be Toronto, Canada. The language of the arbitration shall be English.
These Terms constitute the entire agreement between the Parties relating to the subject matter hereof supersedes all prior agreements and communications of the Parties, oral or written, with respect to such subject matter. Customer may not assign these Terms in whole or in part without Nash’s prior written consent and any attempted assignment without such consent shall be null and void. These Terms are binding upon, and inures to the benefit of, the permitted successors and assigns of each Party, but shall not confer any rights or remedies upon any third party. Nash makes no representation that the Nash Platform is appropriate or available for use in Customer’s jurisdiction. If Customer chooses to access the Nash Platform, Customer does so on its own initiative and is responsible for compliance with any applicable local, state, and federal laws, rules and regulations. All rights not granted under these Terms by either Party are expressly reserved. Nash has the right to assign or transfer these Terms or any and all of their rights or obligations under these Terms without obtaining your prior consent.
Customer agrees that, while Customer is utilizing the Nash Platform, Nash may use Customer’s name, logo, and marks (“Marks”) on Nash’s website and marketing materials, for the sole purpose of identifying Customer as a current customer, and hereby grants Nash a limited worldwide, revocable, fully paid up, non-sublicensable license to use the marks solely for that limited purpose.
Nash’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nash. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Notwithstanding anything else in these Terms, Customer agrees not to do any of the following:
use, display, mirror or frame the Nash Platform or any individual element within the Nash Platform, Nash’s name, any Nash trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Nash’s express written consent;
use the Nash Platform in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws regarding related to the export of data or software to and from the United States or other countries;
access, tamper with, or use non-public areas of the Nash Platform, Nash’s computer systems, or the technical delivery systems of Nash’s providers;
impersonate or attempt to impersonate Nash, a Nash employee, contractor or agent, another User, or any other person or entity;
attempt to probe, scan or test the vulnerability of any Nash system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Nash or any of Nash’s providers or any other third party (including another user of Nash) to protect the Nash Platform;
use any robot, spider, or other automatic device, process, or means to access the Nash Platform for any purpose, including monitoring or copying any material on the Nash Platform;
attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Nash Platform, or any server, computer or database connected to the Nash Platform;
attempt to decipher, decompile, disassemble or reverse engineer the Nash Platform or any of the software used to operate the Nash Platform;
collect or store any personally identifiable information from the Nash Platform; and/or
encourage or enable any other individual to do any of the foregoing.