TERMS AND CONDITIONS
This site is the property of NKMOS PTY LTD ITF NKMOS Trust (“NKMOS”). You must be at least 13 years of age to use this site. Your use of this site, and any information, services or products made available through this site (collectively the “Services”) is subject to your agreement to the terms and conditions set forth herein. By using this site, you agree to these terms and conditions. If you do not want to be bound by these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.
Use of this site is solely at NKMOS’s discretion, and NKMOS reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that NKMOS may adopt and make available from time to time. NKMOS may terminate your access to this site at any time with or without cause and for any or no reason.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NKMOS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hidden and protected by Australian and international copyright laws. All software used on this site is the property of NKMOS or its software suppliers and protected by United States and international copyright laws.
In addition, nkmos.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Hidden in the U.S. and/or other countries. NKMOS's trademarks and trade dress may not be used in connection with any product or service that is not NKMOS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NKMOS. All other trademarks not owned by Hidden that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NKMOS.
License And Site Access
Hidden grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NKMOS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NKMOS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NKMOS without express written consent. You may not use any meta tags or any other "hidden text" utilizing NKMOS's name or trademarks without the express written consent of NKMOS. Any unauthorized use terminates the permission or license granted by NKMOS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of nkmos.com so long as the link does not portray NKMOS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NKMOS logo or other proprietary graphic or trademark as part of the link without express written permission.
This site contains information proprietary to NKMOS and its business partners and customers (“Information”) including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information and data related to NKMOS, its business partners and its or their customers. You acknowledge that this Information may be treated as confidential by NKMOS, its business partners and customers and agree to take all reasonable measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our business partners or customers providing or using Information that is made available on this site, including yourself, are solely responsible for the accuracy and content of the Information supplied or used, and you agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.
If you make purchases on this site and pay by credit card, you grant to us permission to charge all fees incurred using the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you will personally owe us any unpaid or owed balance. You will also be responsible for paying any applicable taxes relating to your purchases.
Risk Of Loss
All items purchased from NKMOS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds And Title
NKMOS does not take title to returned items until the item arrives at its head office. At our discretion, a refund may be issued without requiring a return. In this situation, NKMOS does not take title to the refunded item. For more information about our returns and refunds, please email firstname.lastname@example.org for more information.
In the event a product is listed on the site at an incorrect price or with incorrect information, NKMOS reserves the right to correct such information and price without liability and orders for such products will be revised to reflect the correct price or information. NKMOS reserves the right to reject any orders placed on the site with or without cause and for any reason or no reason.
NKMOS warrants to the original purchaser that products sold from this site shall be free from defects in material and workmanship for a warranty period of one (1) year from purchase. If buyer claims that a product violates such warranty, NKMOS, upon notice, will issue shipping instructions to buyer for return to NKMOS at buyer’s expense.
NKMOS sole obligation under its warranty shall be, at NKMOS’s option, to repair, replace or refund the price of any product that is proved to violate such warranty. This limited warranty shall not apply to any product not manufactured by NKMOS or any of NKMOS's product or component thereof which have been repaired or altered by anyone or to any product or component thereof that has been subject to alteration, accident, misuse, abuse, or neglect.
This warranty is buyer’s sole and exclusive remedy and NKMOS hereby expressly disclaimsto the fullest extent allowable by applicable law, all other warranties, express or implied, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. In no event, whether based on contract, tort (including negligence), equity, indemnity, warranty, and strict liability or other theory, shall NKMOS be liable to the buyer for indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever including, without limitation, loss of profit or revenue.
The foregoing shall constitute the sole and exclusive remedy of the buyer and the sole andexclusive liability of NKMOS. Only the terms expressed in this limited warranty shall apply and no distributor, corporation or individual is authorized to amend, modify or extend this limited warranty in any way on resale.
Except as expressly stated herein, and to the fullest extent allowable by applicable law, NKMOS makes no representations or warranties, either express or implied, of any kind with respect to products sold on the NKMOS site. This site and any information, product, material or service obtained by you from this site, including, without limitation, the Services, are provided “as-is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
Limitation of Liability
You assume full responsibility and all risk of loss resulting from your use of this site and any information products or Services sold on this site or received by you from your use of this site. Under no circumstances shall we, or any of our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this site and/or any materials contained on this site, any linked site or any product or service purchased through this site. Our total liability shall be limited to any amount paid by you to use this site or for the cost of products purchased by you from this site, and you hereby release us and our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents and representatives from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation.
Any dispute or claim relating in any way to your visit to nkmos.com or to products or services sold or distributed by NKMOS or through nkmos.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, please email email@example.com for more info. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting nkmos.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NKMOS.
This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.