Terms & Conditions

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Nuku and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.nukuswim.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: E-commerce (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

PURCHASES; PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars. 

RETURN POLICY

Please review our Return Policy posted on our Website prior to making any purchases.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

 

A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website

B. attempting to impersonate another user or person or using the username of another user

C. criminal or tortious activity

D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website

E. deleting the copyright or other proprietary rights notice from any Website content

F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software

H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you

I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website

J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

K. selling or otherwise transferring your profile

L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company

M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords

N. using any information obtained from the Website in order to harass, abuse, or harm another person

O. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau

P. using the Website in a manner inconsistent with any and all applicable laws and regulations

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Nuku be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of or the inability to use this Website or the performance of the products, even if Nuku or authorized representatives of Nuku have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Nuku accept total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by.

 

NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210

 

Privacy Policy

The only time we collect personal information is when you purchase products in our shop.

Shop purchases: We collect your credit card and other payment information and use it exclusively to process your orders or to better assist you when you contact us. All credit card transactions are processed using a secure online payment gateway that encrypts your card details in a secure host environment.

Disclosure of personal information: Certain personal information may be shared within our network of suppliers or other third parties solely for the purpose of processing your requests. All of our service providers are required to maintain the confidentiality and security of your personal information. Otherwise we won’t disclose, rent, sell or otherwise share your personal information without your consent.

Change in ownership: In the event of the sale or transfer of any part of our business or assets, we reserve the right to transfer any personal information we have about you to a third party buyer.

Change to these terms and conditions: This statement may be updated periodically based on changes in our personal information policies. Any revised versions of these terms will be posted on this website. We treat your personal information according to the terms and conditions in place at the time we collect such information, or as you otherwise consent.