Agreement to Terms of Use for www.WeAreNikki.com
Welcome to www.WeAreNikki.com. The www.WeAreNikki.com website (the “Site”) is comprised of various web pages operated by NIKKI (“Discloser”, “NIKKI™”, “us”, “we”, “our”), owned and operated by the parent company, Frequency Exchange Corp.™. and is a subsidiary of FREmedica Technologies, Inc. www.WeAreNikki.com is offered to you (“User”) conditioned on your consent and acceptance, without modification, of the terms, conditions, and notices contained herein (the “Agreement”). Your use of www.WeAreNikki.com constitutes your agreement to all such terms, conditions and notices herein. Please read this Agreement carefully and keep a copy for your reference.
www.WeAreNikki.com is an E-Commerce Site, providing an online marketplace platform for health and wellness product(s) and service(s).
Privacy
Your use of www.WeAreNikki.com is subject to Discloser’s Privacy Policy. Please review our Privacy Policy at www.WeAreNikki.com/privacy-policy, which is incorporated by reference into this Agreement and also governs the Site and informs Users of our data collection practices.
NIKKI Shipping Alert
NIKKI does not currently ship to destinations outside Canada, United States and the European Union. Local taxes, VAT, Custom charges are the sole responsibility of the NIKKI end user.
Electronic Communications
Visiting www.WeAreNikki.com or sending emails to Discloser constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Discloser is not responsible for third party access to your account that results from theft or misappropriation of your account. Discloser and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
Discloser does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under 18, you may use www.WeAreNikki.com only with permission of a parent or guardian.
Price and Offer Modification
We Are NIKKI reserves the right to modify, change, or update the prices and offers for its products or services at any time and without prior notice. Such changes may include, but are not limited to, price adjustments, discounts, promotions, or the introduction of new pricing structures. Customers or users are encouraged to review the latest pricing and offer information on www.WeAreNikki.com before making any purchases or availing of services. We Are NIKKI shall not be liable for any inconvenience, loss, or damages arising from price or offer modifications.
Limited Warranty and Return Policy
NIKKI return policy is 30 days from the date of your delivery. If you decide to not continue with NIKKI, please contact us at hello@wearenikki.com to initiate this immediate request. Our team will arrange the full return of your NIKKI, minus shipping and handling costs.
Note: Your NIKKI return must be repackaged in its original box with all required contents received upon original delivery.
What is Covered
The warranty obligations for this product are strictly limited to manufacturer defects in materials and workmanship in this product for one (1) calendar year from the date of purchase. There are no refunds, only replacement in the case of manufacturer defect(s).
Please contact us at hello@wearenikki.com with any questions. For questions regarding the Limited Warranty and Return Policy, please contact us at hello@wearenikki.com.
Safety/Warranty Information
For safety and warranty information, please visit www.WeAreNikki.com/safety-and-warranty-information. Please contact us at hello@wearenikki.com with any questions.
Links to Third Party Sites/Third Party Services
www.WeAreNikki.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Discloser and Discloser is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Discloser is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Discloser of the site or any association with its operators.
Certain services made available via www.WeAreNikki.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.WeAreNikki.com domain, you hereby acknowledge and consent that Discloser may share such information and data with any third party with whom Discloser has a contractual relationship to provide the requested product, service or functionality on behalf of www.WeAreNikki.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.WeAreNikki.com strictly in accordance with this Agreement. As a condition of your use of the Site, you warrant to Discloser that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Discloser or its suppliers and protected by copyright, patent and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Discloser content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Discloser and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Discloser or our licensors except as expressly authorized by this Agreement.
Use of Communication Services
The Site may contain educational links, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; 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; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Discloser has no obligation to monitor the Communication Services. However, Discloser reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Discloser reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
Discloser always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Discloser’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Discloser does not control or endorse the content, messages or information found in any Communication Service and, therefore, Discloser specifically disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Discloser spokespersons, and their views do not necessarily reflect those of Discloser.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.WeAreNikki.com or Posted on Any Discloser Web Page
Discloser does not claim ownership of the materials you provide to www.WeAreNikki.com (including feedback and suggestions) or post, upload, input or submit to any Discloser Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Discloser, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Discloser is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Discloser’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Discloser account to third party accounts. By connecting your Discloser account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Discloser from our offices within Victoria, British Columbia. If you access the Service from a location outside British Columbia, you are responsible for compliance with all local laws. You agree that you will not use the Discloser Content accessed through www.WeAreNikki.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Discloser, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Discloser reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Discloser in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding this Agreement or any disputes arising because of this Agreement, whether directly or indirectly, including Tort claims that are a result of this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.
Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Discloser agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
NIKKI And/or its suppliers may make improvements and/or changes in the site at any time.
NIKKI And/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. NIKKI And/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall NIKKI And/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if NIKKI Or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Discloser reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the Province of British Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the Province of British Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Discloser because of this Agreement or use of the Site. Discloser’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Discloser’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Discloser with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Discloser with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Discloser with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Changes to Agreement
Discloser reserves the right, in its sole discretion, to change the terms of this Agreement under which www.WeAreNikki.com is offered. The most current version of the terms and Agreement will supersede all previous versions. Discloser encourages you to periodically review the terms and Agreement to stay informed of our updates.
Contact Us
Discloser welcomes your questions or comments regarding this Agreement:
NIKKI c/o FREmedica Technologies, Inc.
Attn: Legal Department
#201-895 Station Ave.
Victoria, BC, V9B2S2
Email Address: hello@wearenikki.com
Disclaimer: No medical claims are made or implied by NIKKI or the use of any of its devices or frequency files. The use of any NIKKI™ device or associated frequency set(s) are not intended to diagnose, cure, prevent, treat, or mitigate any medical condition or disease. Always seek professional medical advice for the diagnosis and treatment of any health condition. DO NOT USE NIKKI’s devices or frequency program(s) and associated files if you are pregnant, trying to get pregnant, suspect you might be pregnant or are lactating. Consult your medical professional before use if you have a serious medical condition including but not limited to: Cancer, Stroke, High Blood pressure, Seizure disorders etc. All the information expressed herein must be considered theoretical and unproven and for educational purposes only.
Using any NIKKI device and/or frequency program(s) and associated files indicates your consent and agreement to be bound by the terms of this disclaimer. Additionally, said use indicates your consent and agreement to assume risks associated with such use and to hold NIKKI™ harmless from any liability associated with non-compliance with each term of this disclosure and user’s obligations herein.
Effective as of October 17, 2023.
