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Ni Market Terms of Service

Effective Date: October 26, 2024

 

Welcome to Ni Market! These Terms of Service (“Terms”) govern your use of the Ni Market website, our mobile application, our loyalty and wholesale programs, and all related services, features, and content offered by Ni Market (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and all policies referenced herein, including our Privacy Policy. This is a legally binding contract between you and Ni Market. If you do not agree to all of these terms, do not access or use our Services.  

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will provide notice by updating the “Effective Date” at the top of this page. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to review the Terms frequently to ensure you understand the conditions that apply to your use of the Services.  

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share information about you. By using our Services, you agree to the collection and use of your information in accordance with our Privacy Policy.  

2. Eligibility and Account Registration

2.1. Age Requirement 

The Services are not intended for or targeted toward anyone under the age of 18. You must be at least 18 years of age to create an account, make a purchase, or otherwise use our Services. By using the Services, you represent and warrant that you are 18 years of age or older.  

2.2. Children’s Privacy 

In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information.  

2.3. Account Security 

To access certain features of our Services, you may need to register for an account. You agree to:

  • Provide accurate, current, and complete account information.  
  • Maintain the security of your password and not share it with anyone else.  
  • Promptly notify Ni Market if you discover or suspect any security breaches related to the Services.  
  • Accept all responsibility for any and all activities that occur under your account.  

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms.  

3. Ordering, Pricing, and Payment

3.1. Order Process 

When you place an order through our Services, you will be asked to select your desired products, provide recipient and delivery information, select a payment method, and confirm your order summary. By confirming your purchase, you agree to pay all fees and applicable taxes for your order.  

3.2. Pricing and Availability 

All prices are shown in U.S. dollars. Prices, product availability, and promotional offers are subject to change without notice. We strive for accuracy but reserve the right to correct any errors, inaccuracies, or omissions, and to cancel any orders arising from such occurrences, even after an order has been submitted.  

3.3. Payment 

All payments must be made by credit card or another payment method we honor. By submitting your order, you represent and warrant that you are authorized to use the designated payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.  

3.4. Promotions and Coupons 

We may offer promotional discounts, such as “Buy 1 Get 1 Free” offers, flash sales, and exclusive online discounts. All promotions are subject to specific terms and conditions. We accept digital and paper coupons in accordance with our Coupon Policy, which is incorporated into these Terms. Only one coupon (paper or digital) may be used per item, and coupons have no cash value. We reserve the right to limit or refuse any coupon at our discretion.  

4. Shipping, Delivery, and Returns

All purchases made through our Services are subject to our Shipping & Delivery Policy and our Return & Refund Policy. These policies are incorporated into these Terms by reference. By placing an order, you agree to be bound by these policies.

5. Loyalty Rewards Program

5.1. Eligibility and Enrollment 

Our Loyalty Rewards Program (“Loyalty Program”) is available to any U.S. resident who is at least 18 years old and provides accurate information upon enrollment. Enrollment is free. By providing your phone number at checkout, you can join the program and begin collecting points. Membership is for individual, personal use only.  

5.2. Earning and Redeeming Points 

Members earn points on qualifying purchases made in-store and online. Points can be redeemed for rewards such as cash off or discounts on products, as specified in the program details. Certain items, including but not limited to alcohol, gift cards, and postage stamps, may be excluded from earning points.  

5.3. Program Terms 

Points have no cash value, are non-transferable, and may expire after a period of inactivity (e.g., 12 months). We reserve the right to modify, suspend, or terminate the Loyalty Program or any of its terms at any time without prior notice.  

6. Wholesale Program

6.1. Eligibility 

Our wholesale program is available to qualified businesses, including restaurants and local businesses. To qualify, you must apply for a wholesale account and provide valid proof of your business status, such as a business license or reseller’s permit.  

6.2. Wholesale Terms 

All wholesale purchases are subject to a separate Wholesale Agreement, which will govern terms such as minimum order quantities (MOQ), wholesale pricing, payment terms (e.g., Net 30), and delivery logistics. These Terms of Service are incorporated by reference into the Wholesale Agreement.  

7. Intellectual Property

All content and materials on our Services, including, without limitation, the Ni Market logo, designs, text, graphics, pictures, and other files (the “Content”), are the proprietary property of Ni Market or its licensors and are protected by U.S. and international copyright and trademark laws.  

We grant you a limited, non-exclusive, non-transferable license to access and use the Services and Content for your personal, non-commercial use only. You are prohibited from modifying, reproducing, distributing, creating derivative works from, or in any way exploiting any of the Content, in whole or in part.  

8. Prohibited Conduct

You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. You agree you will not:

  • Use our Services for any illegal or unauthorized purpose.  
  • Transmit any worms, viruses, or any code of a destructive nature.  
  • Engage in any harassing, threatening, intimidating, or predatory conduct.
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any area of our Services that you are not authorized to access.
  • Impair the security of the Services in any way.  

9. User Content

If you post, upload, or otherwise share content, such as product reviews or comments (“User Content”), you grant Ni Market a perpetual, irrevocable, nonexclusive, royalty-free, worldwide license to use, reproduce, display, and distribute such User Content. You are solely responsible for your User Content. We reserve the right to remove any User Content that we deem abusive, defamatory, fraudulent, or otherwise inappropriate.  

10. Disclaimers and Limitation of Liability

10.1. Disclaimer of Warranties 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NI MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  

This disclaimer does not affect the implied warranty of merchantability for food products, which ensures that food is fit for ordinary purposes (i.e., safe to eat), as required by the Uniform Commercial Code and Colorado law.  

10.2. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NI MARKET OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES.  

11. Indemnification

You agree to defend, indemnify, and hold harmless Ni Market from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Services or your violation of these Terms.  

12. Dispute Resolution: Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Ni Market agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by BINDING, INDIVIDUAL ARBITRATION and not in a class, representative, or consolidated action or proceeding. You and Ni Market agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these provisions.

YOU AND NI MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This waiver shall be enforceable even if the class action waiver is found to be unenforceable.  

13. Governing Law

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of Colorado, without resort to its conflict of law provisions.  

14. General Provisions

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Ni Market to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the policies incorporated by reference, constitute the entire agreement between you and Ni Market.  

15. Contact Us

If you have any questions about these Terms of Service, please contact us at:

  • Address: 1045 South Federal Boulevard, Denver, Colorado 80219
  • Phone: (720) 978-2199
  • Email: [email protected]