Niko Wellness Corporation Terms of Service

Effective Date: September 15, 2024

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN NIKO WELLNESS CORPORATION AND ITS AFFILIATES (TOGETHER, NIKO OR WE) AND YOU.

THESE TERMS AFFECT HOW YOUR DISPUTES WITH NIKO ARE RESOLVED.

WHAT’S IN THIS TERMS OF SERVICE?

INTRODUCTION 

These Terms set forth the terms and conditions that apply to access and use of Niko’s websites, mobile applications (Apps), widgets and other online and offline services that Niko operates (together, the Services).

These Terms apply whether you make a purchase or just browsing (herein defined as “Users”).

YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. If you do not agree to these Terms, then please do not use the Services.

WHEN DO THESE TERMS APPLY? 

These Terms are effective for users on the Effective Date set forth above. For anyone using the Services prior to the Effective Date above, the prior versions of the Terms apply until ten (10) days after the Effective Date.

WHEN YOU MAKE A PURCHASE OR ACQUIRE NIKO PRODUCTS THROUGH ANY CHANNEL, ACCESS AND USE THE SERVICES OR WHENEVER YOU AGREE TO THEM, YOU REPRESENT TO NIKO WELLNESS CORPORATION THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS.

To use our Services, you must be at least the age of 21 or older and otherwise legally able to enter into a binding contract with Niko.

If you have not yet reached the age of 21 or otherwise are not legally or unfit in any reason able to enter into a binding contract, your parent or legal guardian must agree to these Terms before you use the Services. Before you begin to use the Services, please ask your parent or guardian to explain these Terms to you.

PARENTS AND LEGAL GUARDIANS: If you are accepting these Terms on behalf of another party, you represent to Niko that you are the parent or legal guardian of the represented party; affirm that you accept these Terms and consent to the Niko Privacy Policy (or other privacy policy or notice made available to you) on behalf of your represented party; and accept all liability for your represented party’s use of the Services and compliance with these Terms.

If you are not eligible to use the Services or do not agree to these Terms, you are not authorized to use the Services.

WHERE DO THESE TERMS APPLY?

These Terms apply to the Services in or to which these Terms are linked or posted, and to any purchases or acquisitions of Niko products.

Additional terms may apply to certain features of the Services, such as Apps, promotions, terms of sale or use of text messaging services (“Additional Terms”). All Additional Terms are part of (and incorporated by this reference into) these Terms. When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply. These Terms and the Additional Terms apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control but solely to the extent of the inconsistency.

Text Messaging Services

Some of the Services offer text messaging (SMS or MMS) services. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. You may exit the text messaging services by sending the word STOP to the specific mobile code associated with the Services. MESSAGE AND DATA RATES MAY APPLY. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT NIKO USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR GOODS OR SERVICES.

WILL NIKO CHANGE THE SERVICES?

Niko continually works to improve the Services. Niko may introduce new features and functionality that enhance the Services and were not previously part of the Services (“New Features”). Niko also may from time to may introduce updates, error corrections and other changes to the Services that enhance the functionality if user experience (“Updates”). Niko reserves the right to add or not add New Features or the right to make or not make Updates. If New Features involve fees, Niko will provide you with a choice about whether to use the New Features. If Niko makes Updates, you agree and authorize Niko to implement Updates with or without notice to you.

Niko may make New Feature available solely for you to try before they are generally available to the public. When New Features are available for you to try before others have access to them, we refer to the New Features as “Trial Services”. In consideration of your right to access Trial Services, you agree to provide feedback about the Trial Services as reasonably requested by Niko. Niko reserves the right to modify Trial Services without notice until Trial Services are deemed part of the Services and to decide not to make Trial Services part of the Services.

NOTWITHSTANDING THE OTHER SECTIONS OF THESE TERMS ABOUT OUR LIABILITY TO YOU, TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND THE NIKO PARTIES (AS DEFINED IN SECTION 13) SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM YOUR CHOICE TO USE TRIAL SERVICES. IF ANY EXCLUSION OF LIABILITY WITH RESPECT TO THE TRIAL SERVICES IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THE SOLE LIABILITY OF THE NIKO PARTIES WITH RESPECT TO THE TRIAL SERVICES IS YOUR DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU FOR THE TRIAL SERVICES.

Nothing in this Section 4 limits Niko’s right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you. We do our best to make sure that the Services are fully operational at all times, but Niko is not liable to you if for any reason the Services are unavailable.

WILL NIKO CHANGE THESE TERMS?

The Effective Date of these Terms is set forth at the top of this webpage.

Niko may need to modify these Terms to reflect Updates or New Features or changes to applicable law. If Niko makes material modifications to these Terms that reduce legal rights, we will post notifications in the Services and notify users by email using the email addresses in their accounts or acquired through purchases at least five (5) days in advance. If you do not agree to the Terms as modified, then you must cancel your account and stop using the Services before the end of the notice period. Continued use of the Services after the end of the notice period specified in the notification is deemed acceptance of the Terms as modified.

We will not make changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.

The modified Terms supersede all previous versions of our agreements, notices or statements of or about these Terms.

IS AN ACCOUNT REQUIRED?

You do not need to create an account to browse or make purchases on Niko’s websites.

Niko also may ask you to provide additional information, such as your name, telephone number, preferences, opinions and other details about yourself that you choose to share as part of the account creation process. To learn more about how we process the personal information that we collect from you when you create an account, please see the Privacy Policy.

Niko does not market directly to children under the age of 21. As such, the Services are not directed to or intended for use by children under age 21.

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of Niko’s eligibility verification processes. Niko reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms. You may not create an account if you were previously suspended or terminated from using the Services.

You promise that any information that you submit to Niko is true, accurate and complete and you agree to keep it that way at all times.

WHAT ARE PERMITTED USES OF THE SERVICES?

You must use the Services for lawful, personal and non-commercial purposes only and not for any fraudulent purpose or in connection with any unlawful activity. Without limiting the foregoing, you must not and you agree not to, attempt to or encourage or allow any third party to:

• Gain (or attempt to gain) unauthorized access to the Services or Niko’s computer systems or networks through hacking, password mining or other means or to violate the security of any computer or security network.
• Use the Services in any manner that you know or should know could damage, disable, overburden or impair Niko’s servers or networks.
• Discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Services.
• Use the Services on behalf of anyone other than yourself.
• Copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services.
• Remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party.
• Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason.
• Reformat or frame any portion of the web pages that are part of the Services, including with the intention of reselling or distributing products.
• Use the Services to send any unauthorized or unsolicited commercial or promotional content.

WHEN DO THESE TERMS TAKE EFFECT?  WHEN DO THEY TERMINATE?

These Terms are effective when you acknowledge them as part of acquiring Niko products. These Terms are in effect until terminated by you or Niko.

If you want to correct or delete the personal information associated with your account, please see the “Your Choices” section of the Privacy Policy (or other privacy policy or notice provided or made available to you).

Niko may suspend your access to the Services, cancel your account or terminate these Terms at any time without notice if we detect or suspect a breach of security or if Niko ceases to offer or support any of the Services, which Niko may do in its sole discretion.

We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important user Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Niko.

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination. By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us. Termination does not and will not limit any of Niko’s or your rights and remedies at law or in equity.

WHO IS RESPONSIBLE FOR LINKED SERVICES?

The Services contains links to other websites and resources provided by third parties (including our marketing agency partners and social media platforms), third-party messaging services (e.g., Instagram) and in advertisements (collectively, Linked Services). Niko cannot and does not control Linked Services even though some Linked Services allow you to export your information to them, such as “like” or “share” features on social media. Please carefully review the privacy policies and other terms of use for all Linked Services. If you decide to access any of the Linked Services, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Services and not these Terms.

The Services may include third-party software that is offered generally available free of charge under open source or similar licenses (Third Party Software). Although the Services provided to you are subject to these Terms, Third Party Software included in the Services may be subject to other licenses or usage terms, which will be presented to you as and when applicable.

HOW IS NIKO’S LIABILITY LIMITED UNDER THESE TERMS?

Niko’s Disclaimer of Warranties

WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKO WELLNESS CORPORATION, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SUPPLIERS (COLLECTIVELY,
NIKO) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE NIKO PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

NIKO MAKES EVERY EFFORT TO ACCURATELY REPRESENT ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO FLAVOR, QUANTITY, EFFICACY, EFFECTIVNESS OR CONTENTS. HOWEVER, NIKO CAN NOT AND DOES NOT GUARANTEE THE SAID CHARACTERISTICS NOT LIMITED TO THE ABOVE. BY BEING IN POSSESSION OF NIKO PRODUCTS, YOU ARE AGREEING TO HOLD NIKO HARMLESS AND WITHOUT FAULT IN THE CHALLENGES THAT MAY BE BROUGHT. IN CASE OF ARBITRATION, YOU ARE AGREEING THAT CHALLENGES WILL BE HANDLED BY ARBITRATION IN WHICHEVER JURISTICTION NIKO SELECTS.

Limitations on Niko’s Liability

To the fullest extent permitted by applicable law, Niko is not and will not be responsible or liable for:

• Damages that are not foreseeable, including consequential damages.
• Exemplary or punitive damages.
• Any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill or loss of business opportunity in connection with your use of the Services.
• Viruses or other malicious software obtained by accessing the Services or errors, glitches, delays or disruptions in the Services
• Losses related to actions of any third party, including use of or inability to use Linked Services.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE NIKO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE UNITED STATES DOLLAR ($1.00).

AS A CONSUMER, YOU BENEFIT FROM ANY MANDATORY PROVISION OF THE LAW OF JURISDICTION IN WHICH YOU RESIDE. NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON THE MANDATORY PROVISIONS OF LOCAL LAW.

HOW DO I CONTACT NIKO?

To contact Niko about these Terms, the Privacy Policy or other issues, you may by:

Postal Letter:

Niko Wellness Corporation

450 Lexington Ave Unit 40

New York, NY 10163

Email: info@loveniko.com

Instagram Messages: @love_niko_official

 

MISCELLANEOUS

1. These Terms contain the sole and entire understanding by and between Niko and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings and agreements, whether written and oral, regarding the Services. BY PURCHASING NIKO PRODUCTS, IN POSSESSION OF NIKO PRODUCTS, USING NIKO SITES, YOU ARE IN AGREEMENT TO THESE TERMS.
2. You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide Niko any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing. You also agree that no third-party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by these Terms of Service as they exist on the date of your electronic signature.
3. These Terms inure to the benefit of and are binding on Niko’s and your successors and assigns, respectively.
4. Niko may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of Niko.
5. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
6. No waiver by Niko of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term. Any failure Niko to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
7. Nothing contained in these Terms creates a partnership, joint venture, agency or other such relationship by and between Niko and you.
8. If Niko is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
9. Headings and captions are for convenience only. Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.

DISPUTE RESOLUTION

Niko would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us through the methods described above.

You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a Dispute) as set forth in this Section. Subject to the jurisdiction specific provisions below, these Terms and your use of the Services are governed by the laws of the State of Texas, U.S.A., without regard to its choice of law provisions.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

For Canadian Consumers: You and Niko agree that these Terms are governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

For U.S. Consumers:

Choice of Arbitrator and Rules.  A Dispute must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their  Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.

Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but you or us.

Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Venue. You agree that any Disputes shall be heard exclusively in an entity of Niko’s choosing.

Choice of Law (Texas). These Terms and your use of the Services are governed by the laws of the State of Texas, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Remedies Available in Arbitration. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Texas, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

CLASS ACTION WAIVER
Where permitted by applicable law and in the United States, Niko and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.

JURISDICTION-SPECIFIC TERMS

FOLLOWING IS INFORMATION ABOUT CONSUMER RIGHTS AND CHOICES FOR SPECIFIC JURISDICTIONS. WE ENCOURAGE YOU TO REVIEW THE RELEVANT SECTIONS.

For California consumers: If you are under age 21 and a resident of California, you may have the right to request removal of your User Content that you chose to made public on the Services. To request removal of your User Content, please contact Niko info@loveniko.com with the subject line “California Minor User Content Removal”. Please note that the removal right is not absolute – the right applies to your original posting of your User Content but not subsequent sharing or publication by others and not to content about you shared by other people. The removal right also does not apply if you received compensation or other consideration for posting the User Content. Niko cannot ensure comprehensive removal of the User Content from the Internet.

If you are a Californian and want to request that Niko delete personal information that we hold about you, please see the California section of the Privacy Policy.

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is: Niko Wellness Corporation. 450 Lexington Ave Unit 40 New York, NY 10163.

NIKO WELLNESS CORPORATION TERMS OF USE AND SALE

Last Updated: September 15, 2024

• These Terms apply to websites, mobile apps, and online services that link back to them.
• These are free services; we’re not promising they’re perfect, use them as-is.
• Follow the law and respect other users.
• Any dispute must be filed in arbitration, in Texas (unless a small claims court can hear it).
• No judge, no jury, no class actions.
• If you submit information or a creation, we own it.
• That includes submissions made on our social media pages or partner pages.
• Purchases will be governed by our Terms of Sale.

We, Niko Wellness Corporation and its affiliates (collectively the “Affiliates”), operate websites, mobile applications, and social media pages that link here (collectively, “Sites”). By using the Sites, you agree to these Terms of Use and Sale (the “Terms”). If you do not agree to the Terms, do not use the Sites. You will still be bound by the Terms as they existed when you last used the Sites. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY. Note that if you have a separate contractual relationship with us, those terms will control in the event of any conflict.

 

DATA PROTECTION

Security We maintain safeguards intended to protect the integrity and security of the Sites. However, we cannot guarantee that the Sites will be secure, complete or correct, or that access to the Sites will remain uninterrupted.

User Names and Passwords. You are responsible for any use or misuse of your user name or password. Please promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Sites Account.

Third Party Web Sites; Links The Sites links to other web sites and online services. We have no control over such third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites.

RULES OF CONDUCT

Follow the Law. While using the Site, you are required to comply with these Terms and all applicable laws, rules and regulations.

Respect Others. We also expect users of the Sites to respect the rights and dignity of others. Do not use the Sites to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Sites. We reserve the right in our sole discretion to restrict or terminate accounts that do not comports with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.

Indemnity You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, authorized bottlers and distributors, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Sites, (b) any violation of these Terms by you or through your account; and (c) any allegation that any Submission or Creation (defined below) you make available or create through or in connection with the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination. We may terminate your access to the Sites at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.

DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer. THE SITES AND ALL OF ITS TEXT, IMAGES, AND SOFTWARE AND ALL SERVICES, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES (COLLECTIVELY, “CONTENTS”) ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES.

Limitation of Liability We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

CONFIDENTIALITY OF COMMUNICATIONS

Personal Information. Any Personal Information you submit on or through the Sites is governed by the Privacy Policy.

Additional Communications. Any other information you submit on or through the Sites will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly (for example, through the use on a third-party social media site using a hashtag we promote).

Submissions and Creations. Submissions and Creations (defined below) will be treated as non-confidential and non-proprietary. You acknowledge that any information in a Submission or Creation is public information

Interactive services (chatbot, managed chat, etc.) Consent and Disclaimers. This site provides various interactive services, including chatbot and managed chat functionality. You agree that we may monitor and retain a transcript of all communications with you via these interactive tools to provide the tools and for quality and verification purposes. Your use of any of these tools is governed by these Terms of Use and Privacy Policy.

INTELLECTUAL PROPERTY

The Sites and their Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. The Sites and their Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Sites solely for your own personal, non-commercial purposes and solely in accordance with these Terms. The Sites and their Contents are protected in the U.S. and elsewhere by patents held or licensed by Niko Wellness Corporation or affiliated companies. The following website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. § 287(a).

This license is terminable at any time, and does not grant you any additional rights with respect to the Sites or its Contents. Niko Wellness Corporation reserves all other rights. You may not modify, alter or change any Content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission of is strictly prohibited.

SUBMISSIONS AND CREATIONS

On-Site Submissions and Creations. The Sites may include a variety of interactive services, such as instant messaging, forums and blogs. You may be able to submit information using these services (“On-Site Submissions”). You also may be able to create materials using the services (“On-Site Creations”).

Off-Site Submissions and Creations. The same sort of interactive services may be available on certain third-party websites and social media platforms. You may use these services to submit information (“Off-Site Submissions”), e.g., using hashtags we promote or commenting on our social media pages. You may also use those third-party services to create materials (“Off-Site Creations”).

On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as “Submissions”; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as “Creations.”

Grant of Rights for Submission and Creations. You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Submissions and Creations. We can use this license with no compensation to you. The license allows us: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason.

Representation and Warranty For each Submission and each Creation, you represent and warrant that you have all rights necessary to grant these licenses (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation, and your provision or creation thereof through the Sites, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.

You Have Sole Responsibility for Your Submissions and Creations. You acknowledge and agree that you are solely responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.

We Are Not Responsible For Third Parties. We Are Not Responsible For Third Parties. We have no control over what third parties may do with your Submission or Creation. We have no legal liability for such misuse. We also do not endorse and are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation.

TERMS OF SALE

General Requirements. By placing an order, you represent and warrant that:

• You are at least 21 years of age
• You understand that the products may include Nicotine. Nicotine is an addictive chemical.
• If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.
• If you are a business, the product is being ordered on the Sites solely to promote your own products or services by distributing the product to your customers
• You will not submit any "objectionable" material for inclusion on personalized product. "Objectionable" means, among other things, anything that (i) is libelous, defamatory, pornographic, sexually explicit, unlawful, racially or ethnically offensive, (ii) infringes on someone else's patent, copyright, trademark, trade secret or other property right, (iii) is something people would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, or violent, (iv) would breach a person’s privacy or publicity rights, (v) is a misrepresentation of facts, (vi) hate speech, (vii) encourages others to break the law in any way (viii) is intentionally harmful to Niko (ix) is otherwise inappropriate.
• The material you submitted for inclusion on personalized product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party.
• You confirm that any names(s) or phrase(s) selected by you to put on personalized product is your name or the name of a person(s) you personally know or a phrase that is not objectionable as defined above.

Product Descriptions. We use our reasonable endeavors to make sure that every product on the Sites is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.

NIKO MAKES EVERY EFFORT TO ACCURATELY REPRESENT ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO FLAVOR, QUANTITY, EFFICACY, EFFECTIVNESS OR CONTENTS. HOWEVER, NIKO CAN NOT AND DOES NOT GUARANTEE THE SAID CHARACTERISTICS NOT LIMITED TO THE ABOVE. BY BEING IN POSSESSION OF NIKO PRODUCTS, YOU ARE AGREEING TO HOLD NIKO HARMLESS AND WITHOUT FAULT IN THE CHALLENGES THAT MAY BE BROUGHT. IN CASE OF ARBITRATION, YOU ARE AGREEING THAT CHALLENGES WILL BE HANDLED BY ARBITRATION IN WHICHEVER JURISTICTION NIKO SELECTS.

Placing Your Oder. When you place an order (by choosing your product, personalizing if applicable and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ between you and Niko is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) Where we cannot obtain authorization for your payment; (b) If you do not meet any eligibility criteria set out in these Terms of Sale; or (c) If the order for personalized products contains reference to any names, words, acronyms, symbols or other content that is not approved by Niko. We reserve the right to cancel your order at any time and issue a full refund.

Ordering multiple products. Orders containing multiple items may be shipped separately.

Payment. You can pay for your goods using major credit or debit cards, PayPal or Apple Pay.

Prices and Sales Tax. Unless otherwise specified, all prices shown include any deposit fees at the prevailing rate, if applicable. Product prices shown on the Sites do not include sales tax. All applicable sales tax will be calculated and displayed during checkout, based on the shipping destination.

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case, it will be clearly stated.

Shipping. Shipping charges will be added to your order during the checkout process. From time to time, we may offer free shipping promotions, the terms of which will be advertised on the Sites and are subject to change without prior notice. If you want to check the postage and packaging cost of your order, simply place the items in the online shopping basket with the correct quantity and address. We will then calculate the charge for you.

Generally, orders are delivered within a week, but please allow 2 to 3 weeks from the date of placing your order for your items to arrive. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Circumstances Beyond Our Control. Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.

Changing or Canceling an Order. We can assist with making changes to order quantities or shipping addresses until 7PM EST on the day the order was placed. Please contact us through email or Instagram.

Returns and Refunds. We want you to LOVE your products. In the rare case that you’re not satisfied with your order, please contact us WITHIN 5 DAYS of receipt by contacting us through email at info@loveniko.com with the subject line including the phrase “REFUND REQUEST” or through Instagram. We generally do not accept returns on opened or damaged products, and all products will be inspected upon receipt. We will make every effort to inspect the product quickly, but this process may take as long as 30 calendar days.

Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) or replace the item free of charge. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled. We reserve the right to refuse a refund request. Abuse or misuse of the refund policy may result in the refusal of future refunds.

Reporting a Problem. If for any reason you are not happy with your order, please contact us using the methods as detailed in the Terms of Service or using our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 30 calendar days.

DISPUTE RESOLUTION TERMS (PLEASE READ CAREFULLY)

Choice of Arbitrator and Rules. Any disputes, claims, and causes of action arising out of or connected with your use of the Sites (each, a “Dispute”) , including without limitation a purchase through the Sites, must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.

Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.

Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Venue (Texas). You agree that any Disputes shall be heard exclusively in Texas unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of Texas for all purposes.

Choice of Law (Texas). These Terms and your use of the Sites are governed by the laws of the State of Texas, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Class Action Waiver. You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

Remedies Available in Arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Texas, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

MISCELLANEOUS

Notices. Notices to you may be made via posting to the Site, by email, or by regular mail, in our sole discretion. Notices to us should be made using the contact information below.

Evidence. You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Site, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.

Force Majeure. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions. Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Sites may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. If you engage in any fraudulent or unsportsmanlike activity or act contrary to the applicable rules, these Terms or any laws, your participation and Account privileges may be suspended or terminated, resulting in the loss of offers, prizes or other items.

Information or Complaints. If you have a question or complaint regarding the Site, please send a message through the contact methods listed in the Terms of Service. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CHANGES

Changes to the Sites. We may modify or discontinue the Sites and its Contents at any time, in our sole discretion.

Changes to the Terms. We may change these Terms at any time. We will provide reasonable notice, including by posting a revised version of these Terms through the Sites.