Terms of service

OVERVIEW
Welcome to Nivora! The terms "we," "us," and "our" refer to Nivora. Nivora operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Nivora is powered by Shopify, enabling us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside, and that you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or control.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We strive to provide as accurate a description of our products and services as possible in our online stores. However, please note that product colors and appearance may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions may be changed at any time and without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Nivora reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once Nivora has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. Nivora may not be able to honor a cancellation request after your order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order. This price will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import taxes.
Prices displayed in our online stores may differ from prices in physical stores, or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion's terms will take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges you incur at the posted prices, including shipping fees, handling fees, and any applicable taxes, if applicable.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand off products to the carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Nivora, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Nivora, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Nivora.
Nivora's names, logos, product names, service names, design elements, and slogans are trademarks of Nivora or its affiliates or licensors. You may not use such trademarks without Nivora's prior written consent. Shopify's name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools for customers as part of the Services. We do not monitor or have any control over or influence on these tools.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you 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 under which the tools are provided by the relevant third party or parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you may wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We shall not be liable for any harm or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the policies and practices of the third party carefully and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Nivora uses Shopify to enable us to provide the Services to you. However, all sales and purchases you make in our store are handled directly with Nivora. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Nivora, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Nivora.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services is transferred to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, so that they can provide services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or hold all rights necessary in all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service, but we are not obligated to do so.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy rights, rights of publicity, and other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, abusive, or obscene material, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information. We may also cancel orders if any relevant information is incorrect, at any time and without prior notice (including after you have placed an order).

SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial law, regulation, provision, or local ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm Nivora, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections will also survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
Information provided on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitors to the Services, or anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY Nivora, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES ARE LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Nivora, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nivora, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, owed to any third party arising out of or resulting from (1) your breach of these Terms of Service or documents incorporated by reference herein; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of any claim giving rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations except to the extent you are materially prejudiced thereby. We may, at your expense, control the defense and settlement of any such claim, including the engagement of counsel, but we will not settle any claims requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You are required to cooperate in the defense of any claims giving rise to indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event 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. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; 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 site or in respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede any 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 drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to anyone without our prior written consent. Any attempt to do so shall be deemed void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Any disputes, claims, or controversies arising out of or relating to these Terms of Service, the Services, or any related agreements shall fall under the exclusive jurisdiction of the courts of Hong Kong. You irrevocably submit to the jurisdiction and authority of these courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.

SECTION 23 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will provide you with notice of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Your continued access to or use of the Services following any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@nivora.co.za.
Our contact information is below:
Nivora
support@nivora.co.za
14 Science Museum Rd, Rm 701, Unit 127, 7/F, Tsim Sha Tsui East, Hong Kong