NICDELIVERY TERMS OF SERVICE
Last Updated: 01/23/24
INTRODUCTION
Welcome to NicDelivery! In this agreement, the terms "we," "us," and "our" refer to NicDelivery. By using our website, including all its tools and services, you agree to these Terms of Service. Your access and engagement with our site constitute acceptance of all terms, conditions, policies, and notices outlined here.
When you visit or utilize our site, contribute content, or engage in buying or selling activities, you are participating in our "Service" and are bound by the Terms of Service, which apply to all users. Whether you are a browser, vendor, customer, merchant, or content contributor, these terms are applicable. Please read them carefully; your access to the website or use of services indicates your agreement. If you don't agree, refrain from accessing the website or using any services.
New features or tools added to our store are also subject to these Terms of Service. The most current version is available on this page, and we may update, change, or replace any part of the Terms by posting updates on our website. It's your responsibility to check for changes periodically. Continued use of the website following such updates constitutes acceptance of the changes.
Our store is hosted on Shopify Inc., providing the online e-commerce platform enabling us to offer products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are of the age of majority in your state or province of residence, or that you have provided consent for any minor dependents to use this site. Usage of our products for illegal or unauthorized purposes, as well as violation of jurisdictional laws (including copyright laws), is strictly prohibited. Additionally, transmitting worms, viruses, or any destructive code is not allowed.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
Our Right to Refuse Service: We retain the authority to decline service to any individual, at our discretion, and for any reason, at any given time.
Content Transmission and Encryption: You acknowledge that your content (excluding credit card information) may undergo unencrypted transfers, involving (a) transmissions across diverse networks and (b) modifications to meet technical requirements of connecting networks or devices. It is important to note that credit card information is always encrypted during its transfer over networks.
Prohibited Actions: You commit to refraining from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service. This includes the use of the Service, access to the Service, or any interaction on the website facilitating the service, without obtaining our express written permission.
Headings for Convenience: The headings employed in this agreement are added for convenience purposes only. They do not serve to limit or otherwise impact these Terms in any manner.
SECTION 3 - INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
Disclaimer Regarding Information Accuracy: We do not accept responsibility if the information available on this site is not accurate, complete, or up-to-date. The content provided on this site is for general information purposes only and should not be the sole basis for decision-making. It is advisable to consult primary, more accurate, complete, or timely sources of information before making decisions. Your reliance on the material on this site is undertaken at your own risk.
Historical Information and Site Modifications: This site may include historical information that is not current and is provided for reference purposes only. We retain the right to modify the contents of this site at any time; however, we are not obligated to update any information on our site. You acknowledge that it is your responsibility to stay informed about changes to our site.
SECTION 4 - SERVICE AND PRICE MODIFICATIONS
Product Price Changes: Prices for our products are subject to change without prior notice.
Service Modifications and Discontinuation: We reserve the right to modify or discontinue the Service (or any part or content) without notice at any time. Our company shall not be held liable to you or any third-party for any modifications, price changes, suspension, or discontinuance of the Service
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Exclusive Online Availability: Certain products or services may be exclusively available online through the website. These items may have limited quantities and are eligible for return or exchange following our Return Policy.
Accurate Product Display: We have made diligent efforts to present the colors and images of our products as accurately as possible on the store. However, we cannot guarantee the precise accuracy of color display on your computer monitor.
Sales Limitations and Descriptions: While not obligated, we reserve the right to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions on a case-by-case basis. We also retain the right to limit quantities, change product descriptions, and adjust pricing at our sole discretion. The availability of any product or service offer on this site is void where prohibited.
Quality Assurance and Discontinuation: We do not warrant that the quality of products, services, information, or other materials purchased from us will meet your expectations. We also do not guarantee that errors in the Service will be corrected. We reserve the right to discontinue any product at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Order Refusal and Quantity Limits: We reserve the right to refuse any order, and, at our sole discretion, may limit or cancel quantities purchased per person, per household, or per order. Restrictions may apply to orders under the same customer account, credit card, or sharing identical billing/shipping addresses. If an order is changed or canceled, we will make efforts to notify you via the provided email, billing address, or phone number.
Account Information Accuracy: You agree to supply current, complete, and accurate purchase and account information for all transactions at our store. It is your responsibility to promptly update your account details, including email address, credit card numbers, and expiration dates, to facilitate successful transactions and contact as needed.
Billing Descriptor: Please be aware that charges from us will appear on your account with the descriptor "SP * NICDELIVERY."
SECTION 7 - OPTIONAL TOOLS
Access to Third-Party Tools: We may grant you access to third-party tools, and it's important to note that we neither monitor nor have control or input over these tools.
Provided "As Is" and "As Available": You acknowledge and agree that these optional tools are provided "as is" and "as available" without any warranties, representations, or conditions. We assume no liability for any issues arising from or related to your use of these optional third-party tools.
Use at Your Own Risk: Your use of optional tools offered through the site is entirely at your own risk and discretion. It's essential to familiarize yourself with and approve of the terms provided by the relevant third-party provider(s).
Future Features and Services: In the future, we may introduce new services and/or features through the website, including the release of additional tools and resources. Such features and services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Incorporation of Third-Party Materials: Certain content, products, and services available via our Service may include materials from third parties.
External Links Disclaimer: Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party materials. We do not warrant or assume liability for any third-party websites, materials, products, or services.
Liability Disclaimer: We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content from third-party websites. Prior to engaging in any transaction, carefully review the third party's policies and practices.
Complaints and Inquiries: Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Submission Usage Agreement: If you submit specific entries (e.g., contest entries) or provide creative ideas, suggestions, proposals, plans, or other materials without our request (collectively, 'comments'), you agree that we may, without restriction, edit, copy, publish, distribute, translate, and use these comments in any medium.
No Obligation to Maintain Confidentiality: We are not obligated to maintain comments in confidence, pay compensation, or respond to comments.
Content Monitoring and Removal: While we may monitor, edit, or remove content at our discretion, we have no obligation to do so. Content determined to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violative of intellectual property or these Terms of Service may be subject to removal.
Comment Guidelines: You agree that your comments will not violate third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights. Comments should not contain unlawful, abusive, or obscene material, viruses, or malware. Using a false email address or misleading origin information is prohibited. You are solely responsible for the accuracy of your comments, and we assume no liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Privacy Policy Governing Personal Information: Any personal information you submit through the store is subject to our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasional Errors and Corrections: From time to time, there may be typographical errors, inaccuracies, or omissions in information on our site or in the Service related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct such errors, inaccuracies, or omissions, and may change or update information or cancel orders without prior notice if any information in the Service or on related websites is found to be inaccurate.
No Obligation to Update Information: We have no obligation to update, amend, or clarify information in the Service or on related websites, including pricing information, except as required by law. Any specified update or refresh date in the Service or on related websites does not imply that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
Agreement on Prohibited Uses: In addition to other prohibitions outlined in the Terms of Service, you agree not to engage in certain activities, including using the Service for unlawful purposes, violating regulations or laws, infringing on intellectual property rights, engaging in harmful behavior, providing false information, transmitting viruses, collecting personal information, engaging in spam or phishing, using automated means to access the Service, using the Service for immoral purposes, or interfering with security features. Violation of these prohibited uses may result in termination of your use of the Service or related websites.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
No Guarantee of Service Characteristics: We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
Results Not Warranted: We do not warrant that the results obtained from the use of the service will be accurate or reliable.
Service Interruptions and Cancellations: You acknowledge that we may remove or cancel the service for indefinite periods or at any time without notice.
Use at Your Own Risk: Your use of the service, products, and services provided through the service is at your sole risk. They are provided 'as is' and 'as available,' with no representation, warranties, or conditions of any kind, either express or implied.
Limitation of Liability: In no case shall NicDelivery or its affiliates be liable for any damages arising from your use of the service, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages. This includes, without limitation, lost profits, revenue, savings, data, or other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. Our liability is limited to the maximum extent permitted by law in states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed.
SECTION 14 - INDEMNIFICATION
Your Agreement to Indemnify: You agree to indemnify, defend, and hold NicDelivery, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party. This includes claims arising due to 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.
SECTION 15 - SEVERABILITY
Enforceability Despite Unlawfulness: In the event that any provision of these Terms of Service is deemed unlawful, void, or unenforceable, the provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be severed from these Terms of Service. Such determination shall not impact the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
Survival of Obligations and Liabilities: Obligations and liabilities incurred by the parties before the termination date shall persist beyond the termination of this agreement.
Termination Conditions: These Terms of Service are effective until terminated by either party. You may terminate by notifying us of your decision to no longer use our Services or when you cease using our site. We may terminate this agreement if, in our sole judgment, you fail to comply with any term or provision without notice, and you'll remain liable for amounts due up to the termination date. We may also deny access to our Services accordingly.
SECTION 17 - ENTIRE AGREEMENT
Comprehensive Agreement: The failure to exercise or enforce any right or provision does not constitute a waiver. These Terms of Service, along with any posted policies or operating rules, constitute the entire agreement between you and us. They govern your use of the Service, superseding any prior agreements, communications, and proposals, whether oral or written.
Ambiguities Clarified: Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
Legal Governance: These Terms of Service and any separate agreements for Services provided are governed by and construed in accordance with the laws of New York State, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
Review and Acceptance of Changes: You can review the most current version of the Terms of Service at any time. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@nicdelivery.com.
SECTION 21 – CONTENT AND COPYRIGHT POLICY
Certification Regarding Content: By supplying us with product images, product descriptions, or other content (“Content”) for utilization on our Service, you affirm that: (a) you either own or possess the right to use such Content in connection with the Service; (b) any Content employed on the Service is under your directive; and (c) none of the Content violates the copyright, trademark, patent, privacy, or other rights of any person or entity.
DMCA Compliance: We actively address copyright notifications and counter-notifications submitted pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).