Welcome to www.nanaykikay.com.  Please, read carefully the following terms and conditions.

These terms and conditions apply to the online presence of the company, doing business as Nanay Kikay™, in the sales and or social media platform, as applicable.

To these terms and conditions appear as part of the first party Uniquely Chosen Boutique, LLC, hereinafter identified as “The Company”, “We” or “Us”, “The Website”, “The Company”, “The Seller” or a reasonable substitute for the above. 

As part of the second party, the person who consumes content, browses, buys or makes any use of this website, identified as “The User”, “The Visitor”, “The Navigator”, “The Customer”, “The Buyer”, or a reasonable substitute for the name.

Terms and conditions are enforced by law and constitute the agreements between the parties, related to the outlined issues. By browsing this website, creating an account and / or purchasing a product, you are accepting the policies, terms and conditions, as enacted and as they apply. The laws of the Commonwealth of Puerto Rico will govern the business conducted by this Site, including, but not limited to, its regulations on contractual relationships. Also, the Federal laws of the United States (jurisdiction may change by country) will apply to all those matters that are preemption.

OUR WEBSITE

www.nanaykikay.com is an online store dedicated to the retail sale of clothing, jewelry and accessories.

Our purpose is to highlight the beauty of women with beautiful and unique pieces to build her life and the lives of the people around her. In the word of God, He tells us that we must go all over the world and preach the gospel, and what a different way to do it and to reach other people! We are living in extraordinary times. Every time the opportunity presents itself to exalt God’s name, and edify the lives of other people, we will do it. The woman who wears a piece from Nanay Kikay is a woman of faith and purpose, who knows that she was called and chosen for greater things.

Through our website, we offer alternatives so that any woman who seeks to highlight her beauty with our pieces, carry a message with them and obtain an exclusive garment, can do so.

This Site contains products and information with a high degree of professionalism and experience. Regarding the informative content and the products available on this Website, it is important that you know that the use of the material that we publish can offer you beneficial results, but we cannot guarantee results, due to the number of components and variables that We cannot control, when you use the products or use our techniques and advice.

None of our publication’s substitutes, equates, or compares to the opinion of a certified professional or expert.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/representing-heaven/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/representing-heaven/privacy_policy).

TERMS OF SALE

www.nanaykikay.com is an online shopping platform, recognized in the digital market. Visiting our website does not constitute a purchase obligation. All purchases made are completely free and voluntary.

The Company prohibits the resale of the products acquire through our website. The resale authorizations are licensed in compliance with the company’s protocol for such efforts.  If you wish to be part of our sales team or are interested in reselling our products, please email us to info@shopuniquelychosen.com.

Hereinafter, The Company is identified as the seller and the user who creates an account and / or provides authorization for a successful payment transaction is identified as the buyer.

For these purposes, the seller agrees to deliver items by mail and the buyer agrees to pay for the purchase. The objects of this contractual relationship will be defined per the buyer’s selection and the fair price will be the one agreed by the parties at the time of final payment.

We suggest that the visitor becomes a user, when opening an account in his name to purchase products through our Website. However, opening an account is not a requirement for the purchase or sale. By choosing products from those marketed and available on our Website, the user accepts all the related terms and conditions. Once you proceed to payment, enter the information of the payment method and proceed to finalize the purchase; accept the terms and conditions related to the sale, returns, guarantees, the terms and conditions of the payment tools we use in our Site, and authorize the company to debit, charge or bill your provided bank account for the full amount of the transaction.

The payment method accepted by the Website is of credit and debit cards and payment platforms alternatives offered by Shopify. All transactions made on our Site are insured by our collection platform, so all the policies applicable to the payment method and those of our method of securing transactions are binding and apply to the user, who accepts them at the end of the transaction. Our Website does not store payment information or financial information of customers, except when the system is enabled and the customer selects to remember their information, after opening an account on our site. The banking institution in charge of processing transactions and payments does not retain information from our clients and is exclusively limited to processing the information provided by the client at the time of payment. The information submitted for the payment is used for the sole purpose of processing the present transaction; it will not be remembered by the banking institution for future transactions or additional procedures.

The products purchased through our Site are guaranteed, according to the Warranty Policies of this Site and their shipment is regulated by the Shipping Policy. We suggest that you consult both Policies before finalizing a purchase transaction on our Site.

Once the user completes the purchase transaction, it is considered final in order to enjoy all the legal guarantees that may arise as a consequence.

Transactions that are completed by the user, but rejected by our Site, because the payment method used has been declined, are not final. If the client does not provide a new valid payment method, the transaction will be canceled.

The user who chooses to open and maintain an account with us may have a list or shopping cart, with products or services that they wish to purchase. Placing these items in said space does not constitute a pre-purchase and does not grant you rights to the product, whose availability is not guaranteed until the purchase is complete. The products or services will remain in the cart for a defined term. After this term, the products will be removed; this will not prevent the user from placing them again.

The user will receive an email confirmation, once the purchase transaction is completed and the order begins to be processed. At that moment, the company will be working hard to prepare the order and handle shipment. When the order is shipped, the user will be notified and when the order is received by the user, we are notified. The receipt of the order by the user or his authorized representative constitutes the perfection of the sale contract between the parties. For more details about shipping, you can check our Shipping Policy.

CANCELATION POLICY

Purchase transactions on our Site are final, when collection is completed through the bank transaction. Once the bank transaction is approved, we process your order within 2 to 3 business days.

Our business model permits clients to complete purchases at any time of the day.  Nevertheless, the orders received after 1:00pm on Fridays, Saturdays, Sundays, January 1st, Election Day, Thanksgiving Day, Christmas Day or any other federal holiday in the United States of America, will be processed on the next business day. The aforementioned will not be automatically considered business days for order management, dispatch and shipping purposes.

If, within the period from when you make the order until we process the order for shipping, you understand that you do not want it, you can request a cancellation by sending an email to: info@nanaykikay.com with Subject Line: Order Cancellation.

The email should include the following information:

  1. Name of person who made the order.
  2. Mailing address, email and phone number of the person who is canceling the order.
  3. Order number.
  4. Date when order was made.
  5. Item number.
  6. Description of the product/service.
  7. Reason for cancellation.

Cancellations will only proceed if the order has not been shipped. Once the order is shipped, we do not make cancellations.

Once the cancellation is determined, we will grant a store credit, which you can use within the following 90 days. No refunds will be made. The company will process the cancellation request and once it is proceeding, a credit will be granted for the same amount of the transaction.

Credits will be valid for 90 days.

RETURNS & EXCHANGE POLICY

Our company provides a variety of products with detailed descriptions and pictures to show the details of the product. We strongly recommend that you carefully revise sizes, quantity, product details, colors, measurements, and your entire order before completing it. The orders completed in our website are finals and are not subject to returns or exchanges.

If you did not receive the products ordered, you can make a return request by email to: grace@nanaykikay.com with Subject Line: Return, within a period of 3 days from the date of receipt of the product.

The email should include the following information:

  1. Name of person who made the order.
  2. Mailing address, email and phone number of the person who is requesting the return.
  3. Order number.
  4. Order date.
  5. Date when order was received.
  6. Item number.
  7. Description of the product.
  8. Reason for return.
  9. Photos of reason for return, if applicable.

Once the request is received, the company will attend to it and evaluate it in a period of up to 5 days by its administrative staff. When the company authorizes it, the client may send the part for physical inspection, without this guaranteeing that the return will proceed. The shipment of the product must be made within 24 hours after the company responds by email.

The following rules will apply in all cases:

  • Request for returns will proceed, within 5 days, starting from the date the order was received. When the Company authorizes it, the client should send the product within 24 hours, after the company responds by email. Shipping and handling costs will be covered by client. 
  • The Company may but is not obligated to review exchange orders 5 days after the client has received the order. 
  • The products that may be exchanged must be in the same conditions as they were when shipped by the Company. The price and / or brand label, decals, safety or hygiene stickers cannot have been removed, nor show use of any kind, the product must be intact, without use, without odors, without marks of any external agent including but not limited to lipsticks, ink, paint, and must show no evidence of washing or any other alteration.
  • In cases where the company authorizes the exchange or return, the customer will receive a credit to use it within 30 days from when it was granted.
  • The Company reserves the right to launch special offers in which it explicitly stats that it will not be subject to exchange. The foregoing means that it will not be subject to the aforementioned process.
  • THIS POLICY WILL ONLY APPLY TO WRONGFULLY DISPATCH ORDERS ON HONEST MISTAKES OF OUR COMPANY.

POLICY FOR DAMAGED OR MANUFACTURED DEFFECTED PRODUCTS

All products leaving our facilities are thoroughly vetted. We strive so you may have a positive shopping experience. If you receive a damaged product, in its original packaging, you must write us an email immediately to info@nanaykikay.com. Emails received after 12 hours from which the order was received, will not be considered for the purposes of this policy.

The email should include the following information:

  1. Name of person who made the order.
  2. Mailing address, email and phone number of the person who is making the request. Return.
  3. Order number.
  4. Date when order was received.
  5. Item number.
  6. Description of the product.
  7. 2 Photos of reason for return, if applicable.

Damages covered by this policy, are not those that could have been suffered during shipping.

The damages covered are those of manufacture only and the product must be intact, without use, without odors, without marks of any external agent including but not limited to lipsticks, ink, paint, and must show no evidence of washing or any other alteration that is not exclusively a manufacturing damage.

Defects or manufacturing damages will be evaluated by our team and the decision of approval for an exchange or credit, will be at our sole discretion.

The product must be returned within a maximum term of 24 hours from the date that the order was received and the customer will cover the shipping costs. If we understand that it is indeed a manufacturing defect, we will exchange the product, and cover the shipping costs of the replacement. If the customer receives a credit, they will be responsible for sending the products they purchase when using the credit.

Credits will be valid for 90 days.

SHIPPING POLICY

The customer will have the alternative of selecting what type of shipping they want for the delivery of their products. The company will provide the information related to the postal service, including estimated delivery dates and costs. The customer will be solely responsible for the shipping costs.

The company will not be responsible for wrong or incomplete addresses provided by the customer, lost or stolen packages, delays or damages to the product or packaging caused by the weather, and any damages caused by the postal service during the handling or delivery process. The company will not be responsible for the faithful and strict compliance with shipping dates and will not be bound by any guarantee for these purposes. Delays and special circumstances in processing known by the company will be properly announced. 

The company will be responsible for shipping costs only in cases where the company determines that there has been manufacturing defects and grants a product replacement.

WARRANTY POLICY

We want you to be satisfied with your purchase on our website. That is why we guarantee:

  • Dedicated customer service.
  • The faithful compliance with the processing time. We guarantee that your order will leave our service center within 2 to 3 labor days of completing the order.
  • The fidelity of the representation. We make a great effort to promote visual material that constitutes a true and faithful representation of the products we offer. In addition, we include descriptions of the products so that you know the manufacturing material and the measurements, according to the information provided by the manufacturer. This way we increase the probability of your satisfaction.

USER ACCOUNT POLICY

We offer interesting content for the enjoyment of all its visitors. User accounts are intended to provide an additional resource to all visitors who wish to make product purchases, hold pending orders, select favorites, or make future purchases. The alternative of creating an account is available to all visitors who are going to make a purchase.

The user can create an account, which will be approved by the administrative staff of the Site. They will have the authority to open, authorize and close user accounts when necessary, in accordance with this policy.

This resource is available to users over 18 years of age, who can read and accept the terms and conditions that affect user accounts, and those of the Website. Acceptance of these terms requires affirmative action in the process of creating an account and subsequent use of the account is subject to the same terms and conditions.

The use of the accounts is individual, this is to help us take care of your ter, of the information you provide us and to ensure that the transactions made from your account are legitimate and desired. Accounts cannot be shared, and the registered information related to a user must correspond solely and exclusively to that user.

Duties & Responsabilities

  1. Your safety is very important to us. That is why we will take care of the information that you provide to open the account, the order information, and the payment methods. For more information on privacy issues, access the Privacy Policy.
  2. You must not share your access information with third parties.
  3. You must comply with the terms and conditions of the Website, at all times. In addition, you must show desirable behavior and demonstrate lawful use of the account.
  4. The use of third-party information to create a user account or place orders for products is prohibited.
  5. You will not be able to download malicious material or material of any kind that affects the operation of the Website or user accounts.
  6. You may not request, obtain, search or draw access and / or payment information from other users, for any reason.
  7. The administrative staff of the Site may close, cancel and remove your account if they identify the illegal, fraudulent, malicious or detrimental use of it. You will receive a notice notifying you that the account will be closed and the steps to follow.
  8. It is prohibited to open a new account to users who have been canceled due to non-compliance with the Site Policies; We reserve the right to cancel alternative or additional accounts that may be created as an alternative to cancellation.
  9. The company reserves the right to cancel any economic transaction or purchase order in process, or pending that arises from alternate accounts to canceled accounts, or the fraudulent use of accounts.
  10. You will not be able to facilitate or encourage to not comply with the terms and conditions of the Site, including the User Account Policy.

Inactive Accounts

Inactive accounts are for administrative purposes those who do not reflect use or movement in a 12-month period. However, inactive accounts are not automatically deactivated or canceled at any time. We recommend the constant use and updating of the account to avoid system changes that are unknown to the user during periods of inactivity.

Deactivating and cancelling accounts

The user, who wishes to deactivate their account, can do so following the account deactivating protocol that will be available in the account options. The information in the account including access information, including the access information, will remain stored and the user will be able to access it within a period of 24 months, using the activation option, within that period, from the deactivation. After that period, the account will be canceled and the information stored in the account will be deleted from our files.

Accounts with pending orders, or within 90 days of the last order, cannot be deactivated.

User accounts are not automatically deactivated at any time. However, it will be the user’s responsibility to keep the information provided updated, as well as the payment methods and account preferences.

The demographic information of the user and their email will remain in our files indefinitely, for statistical and promotional purposes, except when the user specifically addresses by email to the administrative staff of the Site, the requests that it be removed.

After a cancellation, the user will not have the option to reverse the effects that is why we recommend that prior to the cancellation of the account, the user deactivate it.

Username & Password

The username for all accounts will be the email address provided when the account is created.

The creation of a password, helps us maintain a secure account, allowing the exclusive access, and also helps us in the authentication and validation of the provided information.  

The following are the rules for what a password must include:

  1. For better security, we recommend you use a password that is not associated to your name, date of birth, social security, address, or personal identification numbers.
  2. We recommend you change your password every 6 months, this way you maintain it updated and avoid forgetting it.
  3. In the event that you have to program a new password, either because you have forgotten the previous one or for security reasons, you should not use the last two passwords that you created and you should create a new one according to the same specifications.

PACKAGING AND PRODUCT LABEL

Products purchased on our Website ship out of our facilities labeled and in optimal packaging conditions. If you receive a product that is not properly packaged, sealed or labeled, you should immediately contact our administrators and not use it, nor should you remove the label or make any alteration.

The company reserves all rights to the image and brand of its service and / or products, as applicable. It reserves the rights to the names, phrases, colors, shapes, dimensions, fonts, of the message on the packaging and labels of the product, where it may apply. It also respects, recognizes and reserves the rights that do not belong to it, on the registered products trademarks.

FALSE ADVERTISEMENT POLICY

Publishing false advertisement is illegal and violators can be fined by the appropriate government entity. The “Federal Trade Commission” prohibits unfair sales, false and misleading advertisements, and illegal buying and selling schemes on the Internet. In our company We recognize and respect the regulations of law, offering the information, representations and products, according to our best understanding of the truth.

Our publications hold the best degree of fidelity available to us. We do our best to present our products in a real way that allows you to perceive details. However, we are not responsible for mistakes or differences that may exist between representation and reality.

Our publications may refer to terms commonly used in industry slang for the sole purpose of illustration. In no case should the words used be interpreted as offensive, demeaning, with the intention of discriminating, segmenting or offending. The descriptive words used on this Site should not be considered as guarantees.

Our publications include sending emails with promotional material and images to which the same terms apply. By accepting our terms and conditions, and offering your name and email, you will be registered with our promotional emails. If you wish to discontinue receiving information, you must send an email to info@nanaykikay.com

INTELLECTUAL PROPERTY RIGHTS

Copyright, trademark, patents, licenses, registrations and all other intellectual property rights that exist at the moment or that arise, as a result of publications on our Website and social networks, including logos, phrases, colors, forms, written and visual content, among others, will remain under the sole property of the Company or of the people with licenses to it. The use of our trademark, content and intellectual property is prohibited without the express written consent of the Company. The improper or illegal use, manipulation or misrepresentation of the published content is prohibited. Unauthorized use of the trademark may entail billing for the unauthorized use, damages and any other remedy that may be applicable by law.

Our Website reserves the copyright on images that belong to it and recognizes the rights that authors may have for photos posted on the Site. The photos used for commercial purposes have been duly authorized. The photos where bodies of models are reflected in whole or in part have been posted with the sole purpose of exemplifying the piece that they model. The Company has the correspondent permissions on the use of the image, or has transferred rights for its participation in platforms or tools for this purpose.

Our designs are originally created and the company holds copyrights to such models and designs. Any unauthorized reproduction will be consider a violation of intellectual property laws.

DMCA NOTIFICATION “Digital Millennium Copyright Act Notification”

We respect the intellectual property of others.

If you believe that your copyrighted work has been copied in a way that constitutes an infringement of the laws that protect copyright, you must notify our Designated Agent, as provided in the “Digital Millennium Copyright Act” of 1998 (DMCA).

In order for your claim to be valid under the DMCA, you must provide the following information when you outline your notice of copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner. Identification of the protected work on which the violation claims falls.
  • Identification of the material that is claimed is being violated or has been violated, and that you want removed.
  • Reasonably sufficient information to allow the service provider to contact the complaining party. This information should include name, address, phone number, and if available, email address.
  • A statement where the complaining party “in good faith believes that the use of the material in the way that motivates the complaint is not authorized by the copyright owner, its agent, or the law.”
  • A statement that establishes that “the information in the notification is accurate”, and that “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that has been allegedly violated”

The information above must be submitted in writing, by facsimile, or email, addressed to the following Designated Agent:

Attention to: Nanay Kikay

Email: info@nanaykikay.com

WE WARN THAT UNDER FEDERAL LAW, ANYONE WHO FILES A CLAIM FOR VIOLATION OF COPYRIGHT, KNOWING THE FALSENESS OF ITS FOUNDATIONS, MAY BE SUBJECT TO SERIOUS CIVIL PENALTIES. THIS INCLUDES MONETARY DAMAGES, COSTS AND ATTORNEY’S FEES IN WHICH WE HAVE INCURRED, ANY OWNER OF COPYRIGHTS OR HOLDER OF A LICENSE OR PERMISSION OF COPYRIGHT, THAT BY LEANING IN ITS FALSENESS INCURRED IN DAMAGES. IT MAY ALSO BE CRIMINALLY PROCESSED UNDER THE CHARGE OF PERJURY.

This information may not be interpreted as legal advice. For additional details regarding the required information for notices valid by the DMCA, see 17 U.S.C. 512 (c) (3).

 UNACCEPTABLE USES OF THIS WEBSITE

  • Publish material obtained on our site, without prior express written consent, without proper accreditation or citation of the original source.
  • Sell or lease material obtained on our site.
  • Wholesale purchases, for private wholesale or retail resale.
  • Reproduce, duplicate, create derivatives, copy or otherwise exploit the material contained on our Website for any purpose, without express prior written consent.

ACCEPTABLE USE OF THIS WEBSITE

You agree to use our Website only for legitimate purposes and in a way that does not lacerate, infringe, restrict or inhibit the rights or the use and enjoyment that others make of this Site. Prohibited behavior includes harassing, distressing or inconveniencing other users, transmitting obscene or offensive content, or interrupting the normal flow of dialogue within our Website.

You may not use the content of our Website for any marketing related purpose without our express written consent. You will not be able to make malicious, negligent or abusive use of our Site or its content.

Restricted Access

We reserve the right to restrict access to some or all parts of our Website in the future, if necessary, if at any moment We provide you with a Username or Password to access a restricted or specialized area of our Site, you must make sure that both are kept and handled under strict confidentiality. We are not responsible for third-party access to your private account, due to mishandling of access information or for unauthorized purchases arising from a properly verified account.

LIABILITY WAIVER

The company, its owners, shareholders, partners, sponsors and / or affiliates make statements, or allegations, but do not give any complete or certain security or guarantees of the content of this Website or any of the sites that link to it.

Limitation of Liability

The materials that are available on this Site are provided “as is”. They do not have an express or implicit guarantee of any kind, including guarantees of merchantability, non-violation of intellectual property or suitability for any particular purpose. In no situation will the Company, its agents or officers, be liable for damages that may arise from the use or the inability to use the materials provided and products sold. These damages include, but are not limited to damages from loss of earnings, business interruption, loss of information, physical health damages, injury, or death. They will not be responsible, even if the company has been informed about the possibility of such damages or losses.

Specific Waivers

The Company releases responsibility for the use that users and clients may give to this Site and to the products that can be obtained on it. We release our responsibility on:

  • Health, life or death.
  • The use of purchased products.
  • Manufacturing defects.
  • Immediate, long-term, present, recessive, hidden damages, etc.
  • Loss of income, goods or property.
  • The effects of our advertising and marketing.
  • Damages to customers, for reasons they understand, are related to the use and enjoyment of our Site and products, as well as damages to third parties.
  • Damages caused to third parties.

REVIEWS AND TESTIMONIALS POLICY

The results and experiences obtained by users and clients could vary from that of the users and clients who gave their testimony. The satisfaction of each consumer can be based on different variables, such as the level of expectation, personal qualities, weight, height, measurements, knowledge, skills and many other factors. As the factors that impact satisfaction are different for each person, we cannot guarantee results, nor be held responsible in any way for the application of the obtained information.

In accordance with the guidelines of the “Federal Trade Company”, related to the use of promotion and testimonials in advertising, keep in mind the following:

  • The testimonies that appear on this site are received through text, audio or videos presented by users freely and voluntarily. They are individual experiences that reflect the real life experiences of consumers who have used our products / services in one way or another, with satisfactory results.
  • Even so, they are individual results and may vary. We do not establish that they are typical results that consumers will generally achieve. These testimonials are not necessarily representative of all those who will use our products / services.
  • The testimonies shown (texts, audios and / or videos) are exact as they were expressed, except for corrections of grammatical or spelling errors. Some have been shortened and emphasis in some areas of the text. In other words, not the entire message received by the testimony writer has been demonstrated, when it seems too long or not all of the testimony is relevant to the general public.
  • We are not responsible for any of the opinions or comments published on our Site. We do not stand in solidarity with opinions that may be issued in public forums, on general or specific topics.
  • This website contains a forum for testimonials, but provides space for testimonials as a means of interaction between our visitors and users, where they can share their experiences with others. To prevent abuse, all testimonies appear after they have been reviewed by the administrative staff of the Company, or their authorized representative. We do not share the opinions, views or expressions of any of the testimonials on this Site, and are strictly the view of critics, users, visitors and followers.

EXTERNAL LINKS

This Website may contain external links to many other websites. We do not guarantee the accuracy of the information obtained on the linked sites. These links to or from external websites not controlled by us do not constitute an endorsement of our Company or any of its employees, to the sponsors of those sites or of the products or information presented therein.

EMAIL POLICY  

We prohibit the use of our website and / or services in any way associated with the transmission, distribution or delivery of any type of “Spam”. By the term “Spam” is understood any unsolicited, unwanted email, or a massive volume of emails. You may not use any of our services to send “Spam”. The distribution, emission, or launch of “Spam” is prohibited, as well as causing or promoting the conditions that cause the sending of “Spam” to all our clients.

In accordance, to the CAN-SPAM Act of 2003, 15 U.S.C. 7701, et seq., (Public Law No. 108-187, initially S.877 of the 108th Congress of the United States), the emails sent as well as the favoring of their sending, through our Website or of their services may not:

  • Use or contain invalid or falsified headings;
  • Use or contain invalid or nonexistent domain names;
  • Use or contain invalid or nonexistent domain names, , hides or obscures all information aimed at identifying the point of origin or the transmission path;
  • Use of other deceptive means to address;
  • Use the domain name of third parties, or transmit from or through the equipment of third parties without their permission;
  • Contain both false or misleading information, such as that which tends to create confusion, leading to falsehood or deception, either in the space provided for the title or in its content;
  • Refuse to comply with the additional technical standards described below;
  • In any other way violate our Terms of Use.

We do not authorize the exploitation, research or collection of email addresses or other information, from or through our Website or its services.

We do not allow or authorize others to use our services to be collected, group, compile, gather, collect, or obtain any information related to their customers or subscribers, including but not limited to subscriber’s email addresses.

We do not allow or authorize any attempt of use that in any way could cause disablement, overload, damages or losses in any aspect of all services, or that could interfere with the use and enjoyment of other interested parties in relation to our services.

If we have reason to believe that improper or unauthorized use of any service is being made, you are empowered, without prior notice and in your sole discretion, to take the necessary and appropriate actions, including blocking messages from an internet domain, mail server or IP address. We will terminate any account on any type of service when you determine, in your sole discretion, that you are transmitting or are otherwise connected to any email that violates this Policy.

This Policy is not an attempt to obtain rights to transmit or send emails to, or through the services or the Website. Failure to enforce this policy in one or all of its instances and meanings does not equal an exemption or waiver of the rights of the company.

The unauthorized use of any of the Company’s services in connection with the transmission of unsolicited emails, including the transmission of these in violation of this Policy, could result in liability and / or civil, criminal or administrative penalties against those who send and those who assist or act in common agreement.

Violators of the “C-SPAM Act” will be subject to the available resources to obtain cease and desist orders, or penalties imposed by the FTC (Federal Trade Commission) of up to $11,000.00 for each violation. Criminal prosecution is also possible in cases of heinous offenses, which could result in penalties such as fines, confiscation of profits and equipment. The most serious offenses could be subject to imprisonment.

We are committed on keeping your email address confidential. We do not sell or lease our subscriber list to third parties, and we do not provide your personal information to third parties, government agencies, or companies at any time, except as required by law.

We will use your email address only to provide timely information about our company.

We will keep the information you send us via email, in accordance with applicable federal laws.

In accordance with the “CAN-SPAM Act”, any email sent from our organization will clearly show the originator of the email and how to contact him. In addition, all email messages will contain concise information on how to voluntarily remove yourself from the contact list and thus not receive our future communications.

Opting out of receiving communication

Our site provides users with the opportunity to opt out of receiving the communications we send or those sent by our partners, by reading the instructions to unsubscribe. They are located at the end of all our emails, at any time.

Users who do not wish to continue receiving our news or promotional material have the “option not to receive” these communications, by clicking on the link provided to remove the subscription in the email, or by sending us an email for this purpose to info@nanaykikay.com

FINAL DISPOSITIONS

Violation of any of the dispositions contained in our Policies will result in prohibiting user access and any other actions deemed necessary. Violation of some of our Policies could grant our Company legal, civil or criminal action, in which case the parties will submit to the jurisdiction of the Commonwealth of Puerto Rico in those matters that are not preemption, and to the Federal jurisdiction from United States of America in those that are.

We reserve the right to make any changes to this policy at any time, without notice. All changes will be notified to visitors, users and customers, effective as of the date of publication, unless the amendment contains any provision to the contrary. If at any time any clause of these Policies is declared null or ineffective by a Court, the others will remain in force.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Nanay Kika Shop (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (hereinafter “Terms”) and Privacy Policy (the Terms and Privacy Policy are referred to collectively as the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy(ies) that may govern the relationship between you and Nanay Kikay Shop in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS) from Nanay Kikay Shop, including text messages that may be sent using an automatic telephone dialing system, to the phone number associated with you opt-in. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

Message and data rates may apply.

Message frequency will vary. Nanay Kikay Shop reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Nanay Kikay Shop also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Nanay Kikay Shop, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Nanay Kikay Shop in order to opt out of the Program. After texting STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Nanay Kikay Shop and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Nanay Kikay Shop through any other programs you have joined until you separately unsubscribe from those programs.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User opt-out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, because of claims brought by the individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD Nanay Kikay Shop  HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

MMS Disclosure: The Program will send SMS Fallback Messages if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be always available in all areas and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parents’ or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); an
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Nanay Kikay Shop , or between you and SimpleTexting LLC (“SimpleTexting”) or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [Vega Alta, Puerto Rico] before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Nanay Kikay Shop ’s principal place of business is located, without regard to its conflict of laws. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your Agreement to participate in any of our Programs.

You understand and agree that, by agreeing to these Terms, you and Nanay Kikay Shop are each waiving the right to a trial by jury or to participate in a class action and that these Terms shall be subject to and governed by the Federal Arbitration Act.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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