Terms and Conditions
Last updated: 01 December 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.9-neko.com.au website operated by 9-Neko ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card (s) or other payment method (s) utilized in connection with any purchases.
By submitting such information, you grant to 9-Neko the right to provide such information to third parties for purposes of facilitating the completion of Purchase initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Purchases.
- Information accuracy and limitation on Quantities
The content on our website is provided for general information only and should not be relied upon or used as the key basis for making decision without consulting primary, more accurate, more complete or more timely sources of information. Although we make reasonable efforts to update the information on our website, we make no guarantees that the content on our website is accurate, free from errors, complete or current. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
We also reserve the right but not obligated, to limit quantities of any products or services that we offer, and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our website will be available.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- Proprietary rights
Your acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, software and other elements available on the website are the property of 9-Neko and we are the owner or the licensee of all intellectual property right in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
If you print off, copy, modify, download from our website for your personal use in breach of the Terms, your right to use the website will stop immediately and must, at our option, return to us or destroy any copies of the materials you have made.
9-Neko and 9-Neko logo are register trademarks. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our website’s content is copyrighted by 9-Neko. All rights reserved.
- Links To Other Web Sites
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.
9-Neko has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that 9-Neko shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
- Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Content Guidelines
9-Neko values your engagement. When contributing content, please remember the following guidelines:
- Whenever you make use of a feature that allows you to submit or post any materials or content on the webSite, you grant 9-Neko a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, crate derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to text, images, music or video) to which that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. 9-Neko and other subsidiaries will be permitted to use any of any content submitted by you to without incurring obligations of confidentiality, attribution or compensation to you.
- All contributed content is subject to the Terms, but the user content license will in any event to be limited, however, to the extent necessary for the provision of the services provided through our Website and for which the User Content was provided, and will remain subject to our compliance at all times with any obligations we have to you regarding privacy, confidentially and use of your intellectual property.
By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.
Under no circumstances will 9-Neko be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or the App or endorse any opinions expressed therein.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via firstname.lastname@example.org.
The content standards set out in this clause (“Content Standards”) apply to any and all material of any kind which you contribute to our Website (“Contributions”), and regardless whether contributed through any Interactive Services or not.
You must comply with the spirit and the letter of the Content Standards, which apply to each part of any Contribution as well as to its whole. Contributions must be accurate (where they state facts), genuinely held (where they state opinions) and comply with all applicable law in New Zealand and Australia and in any country from which they are posted.
Contributions must not:
- Contain any material which is critical of us or which may be likely to damage our reputation or goodwill in any way (if you have any concerns or issues with us, those should be raised directly with us in private, and you may email us at email@example.com for that purpose).
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right, trademark or other intellectual property right of any other person;
- Be likely to deceive or mislead any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty, fiduciary duty or a duty of confidence;
- Promote any illegal activity or activity in contravention of our Terms and Conditions;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from or are authorised by us, if this is not the case; and/or
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- General disclaimers
You assume all responsibility and risk with respect to your use of the Site or the App. THE SITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, 9-NEKO DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE APP OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9-Neko makes no warranties of any kind regarding any non-9-Neko sites to which you may be directed or hyperlinked from this Site or the App. Hyperlinks are included solely for your convenience, and 9-Neko makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-9-Neko sites. 9-Neko does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
9-NEKO DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
- Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 9-Neko are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 9-Neko. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You agree to indemnify, defend and hold harmless 9-Neko and our parent, subsidiaries, affiliates, partners, officer, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or deman, including reasonable attorneys’ fees, made by any third-party due to or ariing out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 9-Neko, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF 9-NEKO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF 9-Neko, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO 9-NEKO IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
We control and operate the website from the Australia. We provide this website for use only persons located in the Australia. We make no representation that materials on the website are appropriate or available for use outside the Australia. If you choose to access this Site from outside the Australia, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
If we fail to insist that you perform any of your obligations under our Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Governing Law
You and we both agree that our Terms and Conditions are governed by the laws of New Zealand or Australia, without regard to any conflict of laws provisions.
You and we both submit to the exclusive jurisdiction of the courts of New Zealand or Australia to resolve any legal matter arising from our Terms and Conditions, their subject matter, and any related disputes or claims, but agree that either party will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction as may reasonably be considered necessary in the circumstances.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
- EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY
To the maximum extent permitted by applicable law and clause below, we exclude:
- The application of the Sale of Goods Act 1908;
- all conditions, warranties, representations or other terms (whether express or implied) which may apply to our Website or any Products supplied by us (other than any specific warranties we give in our Product Warranties and Refunds Policy from time to time);
- liability to any party (including but not limited to you) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website;
- use of or reliance on any content displayed on our Website;
- business interruption or loss of profits, anticipated savings, sales, business, revenue, opportunity, goodwill or reputation;
- damage to or corruption/loss of data;
- losses suffered as a result of any relationship or transaction between you and any other party;
- any changes, modifications, extensions or limitations (including any suspension of your use of our Website or related Services), or any permanent or temporary cessation in the availability of our Website (or any part of it or any associated Services);
- loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it;
- the use of your account data by any person other than yourself through your failure to adequately protect your security details for accessing our Website; or
- any other indirect or consequential loss or damage whatsoever.
- To the extent that we are in fact found to be liable to you despite any clauses in these Terms and Conditions excluding such liability, our maximum aggregate liability to you is limited to the greater of:
- an amount equal to four times the price or fee actually paid to us by you for those Products or Services that directly caused the relevant loss or liability; and
- NZD $1,000 or AUD $1,000.
- Nothing in this clause, or elsewhere in our Terms and Conditions excludes or limits our liability:
- for death or personal injury arising from any breach of our obligations, or
- for our fraud or fraudulent misrepresentation,
- for liability or obligations under the Consumer Guarantees Act 1993, under Australian Consumer Law (ACL) in Schedule 2 of the Australian Competition and Consumer Act 2010 or for any other losses or damages to the extent which they may not be lawfully excluded or limited by applicable law, and
if the applicable laws do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for certain types of loss or damage, the limitations and exclusions in our Terms and Conditions will be deemed to have been amended on that occasion to the extent necessary to ensure compliance with those applicable laws while still preserving to the maximum extent possible the original intent of the relevant provision, and our liabilities and warranties will be limited to the maximum extent permitted by applicable law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Contact Us
If you have any questions about these Terms, please contact us, firstname.lastname@example.org