Terms of use
OVERVIEW
The terms “we”, “us” and “our” refer to niceovo.com. niceovo.com offers this website, including all information, tools and services, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing products, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions that we may incorporate and/or make available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, visitors, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms of this Agreement, you may not access or use any of the Services on the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your agreement to those changes.
Our store is hosted by Shopify Inc., which provides us with an online e-commerce platform that enables us to sell our products and services to you.
PART 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor children to use this website.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including, but not limited to, copyright) in your use of the Service.
You may not transmit any worms, viruses, or other code of a destructive nature.
Violation of these Terms will result in immediate termination of your Services.
PART 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time for any reason.
You acknowledge that your content (including credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform to the technical requirements of the connecting network or device. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the websites through which the Service is provided, without our express written consent.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information on this Website. The content of this website is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance placed on the content of this website is at your own risk.
This website may contain historical information. Historical information is inherently out of date and is provided for informational purposes only. We reserve the right to modify the content of this website at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor our website for changes.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or termination of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if any)
Some products or services may be available exclusively online through the Website. Such products or services may be in limited quantities and may be returned or exchanged in accordance with our Return Policy.
We have made every effort to display the colors and images of our products in the Store as accurately as possible. However, we cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to a particular person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product or service made on this Site is void, except to the extent prohibited by law.
We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNTING INFORMATION
We reserve the right to refuse your orders. We may, in our sole discretion, limit or cancel the quantity of orders placed by or under the same customer account, the same credit card, and/or the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by email and/or at the billing address and/or telephone number you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Please see our Return Policy for more information.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or have any influence over.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for your use of optional third-party tools.
Your use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the applicable third-party provider(s).
We may also offer new services and/or features (including the release of new tools and resources) through the Site. Such new features and/or services are also governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available through our Services may include materials from third-party providers.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant or assume any liability for, any third-party materials or websites or for any other materials, products or services of third parties.
We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please carefully review and understand the policies and procedures of third parties before entering into any transaction. Any complaints, claims, concerns or questions regarding third-party products should be directed directly to the third party.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you submit certain specific submissions (such as contest entries) at our request or without our request, you submit creative ideas, suggestions, plans or other materials, whether online, by email, by post or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you submit to us. We are not and will not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation for the comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any comment. You are solely responsible for your comments and their accuracy. We are not responsible for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
Your provision of personal information through the Store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
The information on our website or in the Service may include typographical errors, inaccuracies or omissions, which may include product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without notice (including after an order has been submitted).
We undertake no obligation to update, change or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. The absence of an update date on the Service or any related website indicates that all information on the Service or any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to the prohibitions set forth in these Terms of Service, you are prohibited from using the Sites or their Content: (a) for any unlawful purpose; (b) to encourage or engage in unlawful activity; (c) to violate any international, federal, provincial or state laws, regulations, statutes or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to disseminate false or misleading information; (g) to upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Service or any related websites, other websites or the Internet; (h) to collect or obtain personal information about others; (i) to send spam, phishing, pharming, spoofing, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may suspend the Service from time to time for an indefinite period of time or discontinue it at any time without notice.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services we deliver to you through the Service are (unless expressly stated otherwise) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall niceovo.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any Service or any products obtained through the Service, or for any other claims in any way related to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind arising out of your use of the Service or any Content (or Product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by United Kingdom law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify and hold harmless niceovo.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, suppliers, licensors, service providers, subcontractors, contractors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. The validity and enforceability of all remaining provisions shall not be affected.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service shall remain in effect until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Website.
If, in our sole discretion, you fail to comply with any provision of these Terms of Service, or if we suspect that you have failed to comply with any provision of these Terms of Service, we may terminate this Agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and/or you will be denied access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that made them.
ARTICLE 18 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws of Hong Kong.
ARTICLE 19 – CHANGES TO THESE TERMS OF SERVICE
You may review the most recent version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of such changes.
ARTICLE 20 – CONTACT INFORMATION
If you have any questions regarding the Terms of Service, please contact us at support@niceovo.com.
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