WARNING: Vaping products contain nicotine, a highly addictive chemical - Health Canada
TERMS AND CONDITIONS – NIIX Vape

TERMS AND CONDITIONS

Effective Date: January 8, 2022

1. GENERAL STATEMENT / WEBSITE TERMS OF SERVICE

The www.NIIXVAPE.com website, www.NIIXVAPE.ca website, and all related content, mobile applications, and associated services (collectively the “Website”), is a service owned and operated by NIIX Vape (“us” or “we”). NIIX Vape has adopted these Terms of Service to inform you of your rights and obligations when using the Website and/or when purchasing any NIIX Vape products or goods (“Products”) (“Terms of Service” or “Terms”). Your use of the Website, and/or your purchase of any Products constitutes your agreement to the following Terms of Service. If you do not agree to these Terms of Service you may not use the Website or purchase our Products from the websites.

NIIX Vape may, and reserves the right, to from time to time modify, limit, change, discontinue, or replace the Website and these Terms of Service at any time. In the event NIIX Vape modifies, limits, changes, or replaces the Website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement. In particular, certain features of the Website may not yet be implemented and references to such features may not be applicable until such implementation.
It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.

NIIX Vape limits purchase of its product via its Website to individuals that are 21 years of age or older. You warrant and agree that you are 21 years of age. NIIX Vape does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.

Please read these Terms of Service carefully to ensure that you understand each provision.

2. ELIGIBILITY, SAFETY ACKNOWLEDGMENT, AND REGISTRATION FOR AN ACCOUNT

This is a contract between you and NIIX Vape. You must read and agree to these terms before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with NIIX Vape, and only in compliance with these Terms and all applicable provincial or territorial, and federal legislation. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.

Our Website contains age-regulated products. We take the prevention of underage use very seriously. NIIX Vape and all other nicotine products should never be used by anyone under the legal age. An age verification check will occur during the registration process in order to confirm that you are 21 or older. Only persons who are 21 or older and that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to minimum-age restrictions, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases.

Additionally, no nicotine product should be considered safe. If you have any health concerns about use of NIIX Vape or any other product, we recommend that you consult with your physician. Inhalation of e-vapour from NIIX Vape may aggravate existing respiratory conditions and ingestion of nicotine may cause other conditions (such as an increase your heart rate and blood pressure and cause dizziness, nausea, and stomach pain). If you do not currently use nicotine containing products, we recommend that you do not start.

In order to purchase from the Website you must complete the registration process to obtain a user account. You will be required to provide your name, address, e-mail address, phone number and date of birth. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms of Service by reference.

When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact NIIX Vape immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless NIIX Vape from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms of Service of the Website and your registration constitutes your consent to enter into agreements with us electronically.

3. TERMINATION OF ACCOUNT

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting NIIX Vape via the Contact Form. You may not open alternate accounts.

4. ELECTRONIC COMMUNICATION – ACCOUNT SPECIFIC

We may send to you electronic notices or other communication regarding the Website with your consent or in accordance with applicable laws. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication.
While using the mobile application or any other features of the Website, you may receive notifications when you turn on features such as usage alerts, auto-lock or NIIX Vape device locator. You can manage notifications in mobile application settings.

5. ELECTRONIC COMMUNICATION – MARKETING COMMUNICATION

By providing your email address and subscribing toNIIX Vape’s Newsletter, you are representing you are of legal age to receive such communications and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your federal, provincial and local regulations. All offers are Void Where Prohibited. NIIX Vape products material are not intended to imply that the products have been evaluated by Health Canada or any other regulatory authorities. NIIX Vape products are not intended to diagnose, treat, cure, or prevent any disease.

The email address provided will be used solely by NIIX Vape and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the website.

6. COMMUNICATIONS WITH NIIX VAPE

Customers and visitors are encouraged to forward comments or other communications to NIIX Vape via www.NIIXVAPE.com, www.NIIXVAPE.ca, or via contact. 

By submitting content through the Website, you represent and warrant that:

  • You are the sole author and owner of all intellectual property and other content you may post;
  • You will not submit or transmit any content that is false, inaccurate or misleading or contains prohibited product or therapeutic claims;
  • you will not submit or transmit content through the Website that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable;
  • your content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; and
  • you will not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead NIIX Vape as to the origin of a communication.
    Communications violating the restrictions in this section shall constitute a violation of these Terms of Service, and may result in the termination of your account at the sole discretion of NIIX Vape.

Any material or communication transmitted by you to or through the Website will not be treated as confidential. By submitting any content through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content, and you waive any moral rights you may have in this content. Any ideas, concepts, or other materials transmitted by you through the Website may be used by NIIX Vape in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms of Service and for the maximum period permitted under applicable law.

7. PAYMENT

You agree to pay NIIX Vape for the amount set out as the ‘TOTAL’ in the order summary of the payment step (“Fee”) for all purchase orders you place through the Website. In the case of a subscription plan for automatic shipments, the Fee will consist of a Subscription Fee which will be charged automatically on a monthly basis.

By providing your selected payment method, you authorize NIIX Vape (through its payment provider) to charge the applicable card or method for the Fee and you represent and warrant that you are the cardholder or account holder. If your payment method is rejected by your card issuer or account provider, NIIX Vape will have no obligation to fulfill your order.

In the case of a subscription plan, you authorize NIIX Vape (through its payment provider) to charge your selected payment method for the Fees associated with your subscription plan on a monthly basis unless you provide notice that you no longer wish to receive the subscription plan or the subscription plan is terminated in accordance with these Terms. If the Fees associated with a particular subscription plan changes and you are already subscribed to that plan, NIIX Vape will give you advanced notice of these changes. If you do not expressly agree to the change in the Fees associated with your subscription plan, your subscription plan will be terminated.

Except where noted otherwise, the prices displayed for NIIX Vape products represent the full retail price listed on the product itself. All prices are quoted and payable in Canadian dollars, regardless of where an order is placed or shipped.

Your purchases may also be subject to sales tax, goods and services tax, harmonized sales tax, or any other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by NIIX Vape at the time of your purchase, in which case NIIX Vape will submit your taxes and/or duties to the appropriate authority on your behalf. NIIX Vape shall not be responsible for failure to pay taxes or duties you owe, unless NIIX Vape has collected such taxes or duties at the time of the purchase.

In the event that you dispute the amount or validity of any Fee made to NIIX Vape through the Website, you must notify NIIX Vape in writing, within ten days of payment, of any such dispute by mail or by email at the address or email address listed below. Except where prohibited, you expressly agree that your failure to notify NIIX Vape of any dispute within ten days of payment will constitute your express waiver of any claims related to the disputed Fee.

8. CANCELLATION POLICY

Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact NIIX Vape Support as soon as possible.

9. RETURN POLICY

In no event will NIIX Vape accept return of and/or issue any refund for purchases made other than through the Website, including purchases made from an authorized NIIX Vape retailer. Products purchased through an authorized NIIX Vape retailer must be returned and refunded through the location from which the products were purchased.

You have the right to withdraw from the purchase agreement with NIIX Vape and to return any new unused item purchased through the Website for a refund without giving any reason up to fourteen (14) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting NIIX Vape Support. If you withdraw, NIIX Vape will reimburse to you all payments received from you, including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However NIIX Vape will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.

If you elect to withdraw, you must return the new, unused item purchased to NIIX Vape within fourteen (14) days of notifying us of your election. We may withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within fourteen (14) days of notifying NIIX Vape that you would like to return the items for a refund. You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.

Because of the nature of the products sold through the Website, for sanitary reasons, NIIX Vape accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken we will be unable to accept the returned product and we will not issue a refund.

10. DAMAGED / INCOMPLETE / INCORRECT ORDERS

You agree to immediately inspect any goods purchased upon receipt of your purchase order. Please report damaged, incorrect, or incomplete orders to us immediately. If you received an order shipped from NIIX Vape that is damaged, incorrect, or incomplete, please contact NIIX Vape Support immediately to explain the problem with your order and to request a refund or replacement goods. NIIX Vape may require you to return damaged items, in which case NIIX Vape will pay for the cost of return shipment.

NIIX Vape does not repair damaged devices nor does NIIX Vape provide spare parts for repair.

11. PRODUCT RESALE OR OTHER EXPLOITATION PROHIBITED

You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from the Website or otherwise obtained from NIIX Vape or a NIIX Vape representative without prior written permission of an authorized representative of NIIX Vape. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.

12. COMPLIANCE WITH LAW; INDEMNIFICATION

You agree that your use of any Products and/or NIIX Vape services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion.

You agree to indemnify, defend, and hold harmless NIIX Vape and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable legal fees and expenses), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any NIIX Vape Products or services, or the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

13. COUNTERFEITING

The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by NIIX Vape. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine NIIX Vape products.

Please refer to our Authorized Retail Location webpage or contact NIIX Vape Support to learn more about authorized dealers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty, incorporated into these Terms of Service by reference. NIIX Vape shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.

NIIX Vape will not assist with resolving issues pertaining to the purchase of counterfeit products nor will NIIX Vape provide refunds for such purchases.

The Website may contain links to third-party websites. NIIX Vape does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

15. PRIVACY STATEMENT

For more information about how we use and protect your personal information you may provide through our Website, please click here to review the Website’s Privacy Policy. Note that NIIX Vape reserves the right to change its Privacy Policy at any time without notice.

16. GOVERNING LAW AND VENUE

To the full extent permitted by law, these Terms of Service will be governed by and interpreted under the laws of the Province of Ontario and the federal laws of Canada applicable therein, and exclusive venue for any dispute that arises out of or relates to these Terms of Service or your use of the Website will be the courts of the Province of Ontario. You agree not to bring an action in any other venue and you expressly agree to waive all objections to these venues. You expressly consent to be subject to the personal jurisdiction of the courts of the Province of Ontario. Except where prohibited, you agree that any cause of action you have that arises out of or relates to these Terms of Service or your use of the Website must be brought by you within one year after the cause of action accrues, otherwise any such action by you against NIIX Vape is permanently barred.

You agree that: (i) the Website and NIIX Vape Products and services shall be deemed solely based in the Province of Ontario; and (ii) the Website and NIIX Vape services shall be deemed passive ones that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Province of Ontario. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Arbitration Act, 1991 (Ontario). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the courts of the Province of Ontario for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the courts of the Province of Ontario are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

17. CLASS ACTION /JURY TRIAL WAIVER

Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from NIIX Vape. This Arbitration section shall be subject to the provisions of any contrary provisions of applicable law. For any dispute with NIIX Vape, you agree to first contact us via email and attempt to resolve the dispute with us informally. In the unlikely event that NIIX Vape has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Toronto, Ontario, unless you and NIIX Vape agree otherwise. If you are an individual using NIIX Vape Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable legal fees and expenses, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing NIIX Vape from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver. This Class Action/Jury Trial Waiver section shall be subject to the provisions of any contrary provisions of applicable law. With respect to all persons and entities, regardless of whether they have obtained or used the Website or NIIX Vape Products or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and NIIX Vape are each waiving the right to a trial by jury or to participate in a class action, collective action or other representative proceeding of any kind.

18. RELEASE AND WAIVER OF CLAIMS; ASSUMPTION OF RISK

YOU HEREBY AGREE TO THE FOLLOWING, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) to waive any and all claims that you have or may have in the future against NIIX Vape, or any of its distributors, resulting from use of the Website and NIIX Vape Products and services; and (ii) to release NIIX Vape or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of the Website and any NIIX Vape Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of NIIX Vape, in the design or manufacture of the Website or of any NIIX Vape Products or services.

In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.

You and NIIX Vape understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against NIIX Vape and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, legal counsel, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.

The Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of NIIX Vape and its affiliates or licensors. The Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. The Website and all of its content are protected under copyright, trademark and other laws of Canada and other countries.

20. USE OF MATERIAL FROM THE WEBSITE

All content of the Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on the Website (collectively the “Materials”), are the property of and owned by NIIX Vape or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.

The Website and related content is provided for informational purposes only. Your use of the Website is at your sole risk. The Website is provided on an “as is” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on the Website may contain inaccuracies and typographical errors.

With respect to the mobile application and any ability to view your usage and set usage alerts, we cannot guarantee that the features are fully accurate, correct or will be capable of being accessed at all times. The content, information or services provided through the mobile application are not intended to, and should not be, relied upon as or replace any medical or medicinal product or service.

You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

21. DISCLAIMERS OF WARRANTY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES AND CONDITIONS, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU. NIIX VAPE PRODUCTS AND SERVICES, AND THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, NIIX VAPE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THE WEBSITE OR NIIX VAPE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIIX VAPE OR THROUGH ANY NIIX VAPE PRODUCT OR SERVICE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NIIX VAPE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE NIIX VAPE PRODUCTS AND SERVICES, AND THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE NIIX VAPE PRODUCTS OR SERVICES, OR THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

NIIX VAPE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NIIX VAPE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

22. LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER NIIX VAPE NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) PURCHASE AND/OR USE OF ANY NIIX VAPE PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THE WEBSITE; OR 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US; IN EACH CASE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NIIX VAPE HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF OR FOR BREACH OF A CONTRACT, OR ARE BASED ON TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, OR ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THE WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23. MISCELLANEOUS

If you are a retailer, additional or different terms may apply to you (including in relation to purchase orders, cancellations, returns, etc.), as discussed or agreed to between you and NIIX Vape.

Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NIIX Vape without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by NIIX Vape of any breach of this Agreement is effective unless in writing.

You agree that these Terms of Service, the Privacy Policy, and our Warranty, which are incorporated by reference, constitute the entire agreement between you and NIIX Vape with respect to the Website and your relationship with NIIX Vape and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms of Service. All notice required or permitted under these Terms of Service shall be made in writing by email to: privacy@niixvape.com

PROMOTION TERMS & CONDITIONS

Void where prohibited. Does not include applicable sales, or other taxes. Offer limited to one redemption per adult consumer. Offer may not be combined with any other coupons, discounts, offers, or promotions. Offer subject to change without notice.

INFORMATION ON HOW WE USE COOKIES.

Our website uses various cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. We also sometimes share cookies with 3rd parties for these purposes.

The cookies we use are “essential” and “analytical” and “functionality” and “targeting” cookies:

  • Essential cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region)
  • Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.