The Nüwa Technologies websites (collectively, the “Nüwa websites”) operated by Nüwa Technologies or its affiliates or subsidiaries (“Nüwa“), is comprised of various websites and web pages. The Nüwa websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Nüwa websites constitutes your agreement to all such terms, conditions, and notices.
Please note that he Nüwa websites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Nüwa website, then these terms shall control.
Nüwa reserves the right to change the terms, conditions, and notices under which the Nüwa websites are offered, including but not limited to the charges associated with the use of the Nüwa websites. Nüwa may modify these Terms and Conditions from time to time and your continued use of the Nüwa websites (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE: PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Nüwa websites are for your personal, non-commercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nüwa websites, unless this is done for non-commercial purposes.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Nüwa is strictly prohibited.
Harassment in any manner or form on any of the Nüwa websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Nüwa employee, host, or representative or other members or visitors on the Nüwa websites is prohibited. You may not upload to, distribute, or otherwise publish through the Nüwa Websites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in the Nüwa websites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under applicable copyright laws, and is the property of Nüwa Technologies. The collective work includes works that are licensed to Nüwa. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Nüwa, or other respective owners that have granted Nüwa the right and license to use such Marks.
Nüwa does not and cannot review all communications and materials posted to, or created by users accessing the Nüwa websites and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Nüwa websites, Nüwa is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Nüwa websites. However, Nüwa reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Nüwa at its sole discretion. Nüwa reserve the right to deny you access to the Nüwa website, or any part of this Site, at any time without notice. If Nüwa determines, in its sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, Nüwa may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Nüwa, Nüwa has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nüwa. Nüwa has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Nüwa sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external sites.
Nüwa makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
Nüwa does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nüwa disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Nüwa does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defect will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nüwa does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall Nüwa be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Nüwa has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Your use of the Nüwa websites shall be governed in all respects by the laws of Quebec, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Nüwa websites (including but not limited to the purchase of Nüwa products) shall be in the City of Quebec, in the Province of Quebec, Canada. Any cause of action or claim you may have with respect to the Nüwa websites (including but not limited to the purchase of Nüwa products) must be commenced within one (1) year after the claim or cause of action arises. Nüwa‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nüwa may assign its rights and duties under this Agreement to any party at any time without notice to you.
Nüwa makes no representation that materials in the Nüwa websites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from locations outside of the Province of Quebec, Canada do so, on their own initiative, and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Canada export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the Province of Quebec, Canada.
The following are the terms of the agreement between Nüwa Technologies Inc. (“Nüwa”) and the Buyer (“Buyer”) of any products through Nüwa’s website (the “Site”). Buyer is requested to review these terms carefully before ordering:
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between Nüwa and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Nüwa within 24 hours of any breach of this Contract or unauthorized use of the password. Nüwa does not protect Buyer from unauthorized use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
Nüwa reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Nüwa may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
Nüwa reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
Buyer agrees to indemnify, defend and hold Nüwa and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.
Buyer’s right to use the E-Store is not transferable and is subject to any limits established by Nüwa or by Buyer’s credit card company.
The goods offered through the e-store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Nüwa, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. Nüwa and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Nüwa and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, Nüwa can insure that all orders are placed safely and securely. As such, Nüwa is not liable for any direct or indirect damages related to credit card fraud or theft.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Nüwa online customer service by email at email@example.com for assistance.
Nüwa orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If at any point you encounter difficulty or receive an error message, if an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Nüwa online customer service by email at firstname.lastname@example.org or assistance.
CURRENCY & SALES TAXES
All prices on the E-store are in CAD dollars. Buyer agrees that all orders shipped by Nüwa are subject to sales tax, applicable in accordance with the tax code of the province or territory to which the order will be shipped. Sales tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip. Nüwa’s GST/HST number is 1224541160TG0001 and QST number is 721233922RT0001
RETURNS ONLINE REFUND POLICY
Nüwa will refund the returned merchandise in its original packaging with a receipt, within 30 days of receipt of the Product. No refund is permissible if both the customer has no invoice, the product is no longer packaged, or the packaging is open or non-identifiable as an item of Nüwa is not responsible for the cost of return, handling, packaging and other costs when returning merchandise. The cost of return will be deducted from the total amount of the refund.
Products ordered online are not for resale. As such, Nüwa reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
For any questions on how to order or the status of an order, please contact Nüwa online customer service by email at email@example.com for assistance.
USE OF INFORMATION
Nüwa reserves the right, and Buyer authorizes Nüwa, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
This Agreement represents the entire understanding between Buyer and Nüwa regarding its use of the E-Store and supersedes any prior statements or representations.
The parties herein have agreed that this Agreement by drafted in English only. Les parties aux présentes ont convenu que la présente entente soit rédigée en anglais seulement.