Terms of Service

1. ACCEPTANCE OF THE DIGITAL AGREEMENT

Welcome to Ninikua. This website (the “Site”) is operated by the Ninikua team. Throughout the site, the terms “we”, “us” and “our” refer to Ninikua. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

2. ELIGIBILITY AND ONLINE STORE ACCOUNTABILITY

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 and you have given us your consent to allow any of your minor dependents to use this site.

  • Account Security: You are responsible for maintaining the confidentiality of your account and password. Ninikua cannot and will not be liable for any loss or damage from your failure to maintain the security of your account.
  • Prohibited Actions: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3. PRODUCT REPRESENTATION, PRICING, AND ACCURACY

We strive for perfection in our photography and product descriptions; however, Ninikua does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free.

  • Visual Discrepancies: Digital displays vary across hardware. We cannot guarantee that your monitor’s display of any color or texture will be an exact replica of the physical footwear.
  • Pricing Errors: In the event that a product is mistakenly listed at an incorrect price, Ninikua reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged.
  • Inventory: We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

4. USER-GENERATED CONTENT, REVIEWS, AND SOCIAL MEDIA LICENSE

We love seeing our community grow! If, at our request or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or by tagging our social media handles (collectively, ‘comments’):

  • Usage Rights: You grant Ninikua a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
  • Moderation: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable.
  • Authenticity: You agree that your comments will not violate any right of any third-party. You are solely responsible for any comments you make and their accuracy.

5. MARKETING COMMUNICATIONS AND SMS CONSENT

By providing your email address or phone number, you agree to receive transactional and promotional communications from Ninikua.

  • Email Marketing: We may send you emails about our store, new products, and other updates. You can opt-out at any time via the ‘Unsubscribe’ link.
  • SMS/Text Messaging: If you provide your mobile number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders). Consent is not a condition of any purchase.
  • Data Rates: Message and data rates may apply.

6. PROHIBITED USES AND SYSTEM INTEGRITY

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • Data Mining: To crawl, scrape, or spider any page, data, or portion of the Service or Content through use of manual or automated means.
  • Malicious Code: To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service.
  • Intellectual Property Theft: To bypass or ignore instructions in our robots.txt file or any other measures we use to prevent or restrict access to the Service.

7. THIRD-PARTY LINKS AND EXTERNAL TOOLS

Certain content, products, and services available via our Service may include materials from third-parties.

  • External Links: 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.
  • Affiliate Tools: We may provide you with access to third-party tools (like “Find My Size” apps or currency converters) which we neither monitor nor have any control over. Your use of optional third-party tools is entirely at your own risk and discretion.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Ninikua and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, and employees, 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 they incorporate by reference, or your violation of any law or the rights of a third-party.

9. SEVERABILITY AND TERMINATION

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

10. GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

  • Dispute Resolution: Any dispute, controversy, difference or claim arising out of or relating to this agreement shall be settled by the courts of Hong Kong.
  • Language: These terms are drafted in English. In the event of any discrepancy between the English version and any translated version, the English version shall prevail.

11. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:
Email: [email protected]