GENERAL OVERVIEW

Welcome to Ninus Lab. The terms “we,” “us,” and “our” refer to Ninus Lab. Ninus Lab operates this shop and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). Ninus Lab uses Shopify technology that enables us to provide the Services.

The following terms and conditions, and 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, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, 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 must not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services—including accessing our online stores, browsing them, or purchasing any product or service we offer—you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for safeguarding your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses tied to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they display on your screen due to the device you use to access the store and its settings.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit quantities of products offered to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Ninus Lab reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Ninus Lab confirms acceptance. We must receive and process your payment to accept your order. Please review your order carefully before checkout, as Ninus Lab may be unable to accommodate cancellation requests once an order is accepted. If we do not accept, or if we modify or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

SECTION 4: PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, listed prices do not include taxes, shipping, order handling, customs processing, or import charges.
Prices listed in our online stores may differ from those offered in other physical, online, or third-party-managed stores. From time to time, we may offer promotions on the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between a promotion’s terms and these Terms, the promotion’s terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information—such as your email address and credit card numbers and expiration dates—so 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 duly authorized to use that credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand products over to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services—including, without limitation, trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and their design, selection, and arrangement—are owned by Ninus Lab, its affiliates, or its licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly set forth herein, no part of these Terms grants—or should be construed as granting—any license or other right to you in respect of any patents, trademarks, copyrights, or other intellectual property of Ninus Lab, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Ninus Lab reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Ninus Lab are trademarks of Ninus Lab, its affiliates, or its licensors. You must not use such marks without Ninus Lab’s prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be given access to client tools offered by third parties over which we exercise no supervision, control, or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability arising from your use of optional third-party tools.
Your use of any optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve the terms under which the relevant third-party providers offer the tools.
We may also, in the future, offer new features through the Services (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 provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, third-party materials or websites you choose to access. If you leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or to your purchase or use of products, services, or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Ninus Lab uses Shopify technology, which enables us to provide the Services. However, any sale and purchase made in our store is conducted directly with Ninus Lab. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales taking place between you and Ninus Lab, including injuries, damages, or losses caused by the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liability arising out of or related to your purchases and transactions with Ninus Lab.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be found there as well. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. To provide services, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries where you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

SECTION 11: FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, 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 media and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, assess, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain the confidentiality of your Feedback; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, without being obligated to do so, monitor, edit, or remove Feedback that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous or unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We are not responsible for Feedback posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as we determine, may harm Ninus Lab, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects 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) send spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you may remain liable for all amounts due up to and including the date of termination.
The following sections will continue in force after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant 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 arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY NINUS LAB, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NINUS LAB, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES—WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ninus Lab, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 of any claim subject to indemnification, it being understood that failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle claims imposing non-monetary obligations on you without your consent (not unreasonably withheld). You will cooperate in the defense of indemnified claims, for example by providing relevant documents.

SECTION 18: SEVERABILITY

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

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, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, 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 without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms together with 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 Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Ninus Lab belongs. You and Ninus Lab submit to the jurisdiction and venue of such courts.

SECTION 22: HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
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 on our website. You are responsible for periodically visiting our website to check for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect as of the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

Please send any questions about the Terms of Service to dibuness@gmail.com.