Terms & Conditions

TERMS AND CONDITIONS

Welcome to the Ninja Polish Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Variation

Ninja Polish may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Ninja Polish reserves the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that Ninja Polish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the site.

License to use website

Unless otherwise stated, Ninja Polish and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages (or other content) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed for the purpose for which express permission was granted.
To the extent that this Site contains links to outside services and resources, the availability and content of which Ninja Polish does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Ninja Polish’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Ninja Polish’s express written consent.

Communications and Transactions

You agree that Ninja Polish may send electronic email to you for the purpose of advising you of changes or additions to the Site, about any of the products or services offered, or for such other purpose(s) as Ninja Polish deems appropriate.
Ninja Polish reserves the right to refuse any order you place. Ninja Polish may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or PayPal account, and/or orders that use the same billing and/or shipping address. In the event Ninja Polish makes a change to or cancels and order, we will attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. Ninja Polish reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributers.

Restricted access

Access to certain areas of this website is restricted. Ninja Polish reserves the right to restrict access to other areas of this website, or indeed this entire website, at Ninja Polish’s discretion.
If Ninja Polish provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Ninja Polish may disable your user ID and password in Ninja Polish’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Ninja Polish a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Ninja Polish the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Ninja Polish or a third party (in each case under any applicable law). By submitting your user content to Ninja Polish, you warrant you are the owner of the material or have been granted permission to submit such materials. You further agree that any user content submitted by you to the Site will not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any user content you submit.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Ninja Polish reserves the right to edit or remove any material submitted to this website, or stored on Ninja Polish servers, or hosted or published upon this website.
Notwithstanding Ninja Polish’s rights under these terms and conditions in relation to user content, Ninja Polish does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
You agree that Ninja Polish may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in any Site sweepstakes, contests, promotions and/or requesting promotional information or product updates, you agree that Ninja Polish may use your information for marketing and promotional purposes.
Ninja Polish is and shall be under no obligation to maintain any user comments or contents in confidence; to pay any user compensation for any user content; or to respond to any user content or comments.

DISCLAIMER
THIS WEBSITE AND ALL CONTENTS OF THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOUR USE IN CONNECTION WITHYOUR USE OF OUR SITE, AND THAT NINJA POLISH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. NINJA POLISH MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE.

Without prejudice to the generality of the foregoing paragraph, Ninja Polish does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Inaccuracy Disclaimer

There may be information on NinjaPolish.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Ninja Polish reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Ninja Polish has made every effort to display as accurately as possible the colors of the products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Limitations of liability

Ninja Polish will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Ninja Polish has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Ninja Polish’s liability in respect of any:

• death or personal injury caused by Ninja Polish’s negligence;
• fraud or fraudulent misrepresentation on the part of Ninja Polish; or
• matter which it would be illegal or unlawful for Ninja Polish to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby agree to indemnify and hold Ninja Polish and its officers harmless from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ninja Polish to a third party in settlement of a claim or dispute on the advice of Ninja Polish’s legal advisers) incurred or suffered by Ninja Polish arising out of any breach by you of any provision of these terms and conditions; arising out of any claim that you have breached any provision of these terms and conditions or arising from or related to your use of the Site.

Breaches of these terms and conditions

Without prejudice to Ninja Polish’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ninja Polish may take such action as Ninja Polish deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

Ninja Polish may transfer, sub-contract or otherwise deal with Ninja Polish’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the privacy policy, registration policy, and return policy, constitute the entire agreement between you and Ninja Polish in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Dispute Resolution

You and Ninja Polish agree to the following: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it, the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond or settle the Dispute.
All written notice shall be sent by first class or registered mail to the user at the billing address provided at checkout and to Polish Ninja at the address provided under the “contact us” section of the Site.
You and Ninja Polish agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filling any claim against the other party.

Termination

This Agreement is effective unless and until terminated by either you or Ninja Polish. You may terminate this Agreement at any time. Ninja Polish also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Ninja Polish’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Ninja Polish, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement of otherwise.