1. The Terms of Use on the website www.nifty-5.com

1.1. The User should carefully review these Terms of Use before using the www.nifty-5.com website (the “Site”). By using the Site, the User acknowledges that he or she has reviewed these Terms of Use and confirms that he or she accepts them without reservation and that he or she accepts and agrees to comply with them. If the User does not accept the Terms of Use, he/she must cease all use of the Site.

1.2 Nifty5 does not warrant that the Site or its content will always be available or uninterrupted. Nifty5 is not liable to the User or Customer if, for any reason, the Site is unavailable at any time or for any period.

1.3. Copyright. All content published on or otherwise accessible through the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is protected by copyright. The content of the Site and the copyright of the content of the Site belong to or are under the control of Nifty5 or its allowed partners. Any use, reproduction, distribution, display or transmission of the content of the Site is strictly prohibited.

1.4. Trademarks. The logos and trademarks that appear on the Site are the property of their respective owners. Logos and trademarks may not be used without the prior written consent of their owner.

« NIFTY5 » and «  »  are trademarks used under license by NIFTY5 SPORTS TECHNOLOGIES INC.

1.5. Reviews, comments and other content. The User of the Site may publish reviews, comments, photos and other content, submit suggestions, ideas, comments, questions and other information, provided that their content is not illegal, obscene, threatening, defamatory or invasive of privacy, does not infringe intellectual property rights and does not harm third parties or is objectionable, and does not introduce computer viruses, political speech, commercial solicitation, chain letters, direct mail or any form of spam or unsolicited commercial electronic messages. The Client agrees not to use a false e-mail address or impersonate any individual or entity. Nifty-5.com reserves the right, but has no obligation, to remove or edit such content, but Nifty5 rarely reviews the content posted and is not responsible for content posted by the Customer or any other third party on the Site.

1.6. Responsibility of the User. The User of the Site assumes responsibility for any information, profile, message, text, file, photo or illustration, video, music, sound or other material he or she submits, downloads, publishes or provides in any way to Nifty5, including content already associated by keywords with Nifty5 posted on Instagram, Twitter, Facebook, Vine, Pinterest, Google+ or any other equivalent site. Only persons 18 years of age or older can provide content. If User-Provided Content is kept by Nifty5 for the purpose of using it, it may be published and viewed by other Users, along with the User’s name and information associated with the User’s Instagram, Twitter, Facebook or Vine profile. Nifty5 will consider any content provided by the User as non-confidential. Nifty5 will also consider any content provided by the User as free of any form of ownership, except as specifically provided herein.

1.7 Modification and updating of the Terms of Use. We may revise these Terms and Conditions at any time by amending this page. Please check this page from time to time to see what changes we have made, as they affect you. We may update our site at any time and change its content at any time.

1.8. Compensation. The User agrees to indemnify us against all losses, damages, costs, liabilities and expenses (including, without limitation, legal fees and any amount paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by Nifty5 as a result of any breach by you of any provision of these Terms of Use, or as a result of any claim for breach of any provision of these Terms of Use.

1.9. Violation of these Terms of Use. Without prejudice to its other rights under these Terms of Use, if the Customer breaches these Terms of Use in any way, Nifty5 reserves the right to take any action it deems appropriate to address the breach, including suspending or prohibiting the Customer’s access to the Site, blocking access to computers using its IP address, contacting its Internet service provider to request it blocks the Customer’s access to the Site and/or bringing legal proceedings against the Customer.

2. Terms and Conditions of Sale

2.1. Recognition. By ordering the Products and/or Services on the Site or from Nifty5, the Customer (as defined below) agrees that these Terms and Conditions of Sale govern the contract between Nifty5 and the Customer and replace any other conditions or provisions the Customer may provide. Nifty5’s failure to oppose the conditions or provisions contained in any communications from the Client shall not be construed as a waiver of the application of these General Terms and Conditions.

2.2 Certain additional provisions may accompany the Products, but in the event of a conflict, these T&C shall prevail.

2.3 “Customer” is understood to mean any User of the Site or any person or entity who orders Nifty5 Products or Services.

2.4. These Terms and Conditions replace and supersede any provision in Customer documents and any oral or written communication or representations between the Customer and Nifty5 or their respective representatives and may not be replaced or modified by the Customer without the prior consent of Nifty5.

2.5. Ordering. Orders placed by the Customer on the Site or with Nifty5 are not binding on Nifty5. Nifty5 reserves the right, at its sole discretion, to refuse orders. By placing an order or making a payment through the Site, the Customer warrants that it is legally capable of entering into binding contracts. The Customer guarantees that all the information it provides for the purpose of processing payments is correct and that it is authorised to use the payment method in question.

2.6. Risk of loss. The transfer of risks to the Customer takes place upon delivery of the Products by Nifty5 to the deliverer. If delivery of the Products is delayed for any reason beyond Nifty5’s control, delivery shall be deemed to have been made on the effective date of delivery of the Products to the deliverer.

2.7. Retention of title clause. Nifty5 keeps ownership of the Goods sold until actual payment of the full total selling price, including applicable taxes and delivery charges.

2.8. Description of the products. Nifty5 tries to ensure that the Products comply as closely as possible with their description on the Site. However, Nifty5 does not warrant that the product description is accurate, complete, up-to-date or error-free. If a product offered by Nifty5 does not comply with its description, the Customer’s only option is to return the new and unworn Product to Nifty5, in its original condition.

2.9. Product not available. If Nifty5 cannot provide a Product to the Customer, in particular but only because the Product is not in stock or is no longer available or because of a pricing error on the Site or on a reseller’s site, Nifty5 will inform the Customer by e-mail and will not process the order. If the Customer has already paid for the Products, Nifty5 will refund the full amount, including delivery costs as soon as possible and Nifty5 will not incur any further liability towards the Customer.

2.10.1 Price. Unless otherwise mentioned, the “list price” displayed for the Products on the Site represents the total price shown on the product itself. When a Product is offered for sale by one of our merchants, the merchant may provide the “list price”.

2.10.2 The prices displayed on the Site include none of the taxes or shipping costs that are to be added to the order.

2.10.3 All prices are subject to change at any time without notice. Nifty5 reserves the right to adjust prices and offers of Products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, advertising errors.

2.10.4 Taxes and customs duties, where applicable, are the responsibility of the Client. Nifty5 is under no obligation to pay these taxes and customs duties, or to refund them to the Client.