NUK CAFÉ DIGITAL TERMS & CONDITIONS
Last Updated:
September 2021
Note to User:
Please read these Nuk Café Digital Terms & Conditions of Use (“Terms”) carefully. Accessing or using the Nuk Café App (“App”) constitutes having read and accepted these Terms. This document is a legally binding agreement between you, the User (“User”), and Nuk Café (Nuk Café) that governs the User’s use of the App, whether via website or mobile platforms. If the User does not agree with these Terms, the User should not access or use the App. Within these terms are disclaimers and other provisions that limit Nuk Café’s liability to the User.
While we will do our best to provide accurate and timely information about Nuk Café on the App, the User is strongly advised not to assume that the information is up to date or that the App contains all relevant information available about Nuk Café. Nuk Café reserves the right to change or modify these Terms at any time, and the User is encouraged to read these Terms regularly. By using the App following the date of an amendment to these Terms, the User will be deemed to have agreed to the amended Terms.
Age Eligibility
A User must be at least age 12 to access and use the App. Between the ages of 12 and 18, the User may only access and use the App only after obtaining consent from parents(s) or legal guardian(s) who, by accepting these Terms, agree to take responsibility for any actions and charges related to the User’s use of the App. If the User does not have consent from parent(s) or legal guardian(s), the User must stop accessing and using the App.
Account Creation
To access the App, the User will need to register for an account on the App. By creating an account, the User agrees to provide accurate and complete information; regularly update your account information; maintain the security of your account; and take responsibility for all activities that occur in your account. Nuk Café will not be liable for any issues due to incorrect or missing information provided by the User.
Account Deletion, Restriction, Suspension, or Termination
If the User wishes to delete your App account, please send us an email. Nuk Café may also restrict, suspend, or terminate the User’s account if we believe that someone other than the User is using your account, or if we suspect or have concrete evidence to prove that the User has been involved in activities or conduct that breath these Terms.
Activities Prohibited on the App
The following is a non-exhaustive list of activities that are illegal or prohibited on the App. Nuk Café reserves the right to investigate and take legal action against Users who engages in any of these activities:
· Using the App in any way that violates the laws of the Kingdom of Cambodia.
· Posting content that infringes on the intellectual property rights, privacy rights, or any other rights of any party.
· Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, or hateful to any other party, as determined by Nuk Café.
· Posting content that constitutes cyber-bullying, as determined by Nuk Café.
· Posting content that depicts any activities that are dangerous and life-threatening to the User or to any other party.
· Posting the personal information of any other party.
· Posting URLs to external websites.
· Posting any content that may be considered spam, as determined by Nuk Café.
· Impersonating any other party while using the App.
· Engaging in any activities that restricts or inhibits the use or enjoyment of the app by other parties.
· Engaging in any activities that exposes Nuk Café, our customers and stakeholders, and other Users of the app to legal liability.
· Encouraging other Users to engage in prohibited activities on the App.
Nuk Café reserves the right to investigate any allegations that content posted on the App breaches these Terms; remove content that breaches these Terms; suspend or terminate access to the App of a User who breaches these Terms. Nuk Café also reserves the right to delete any content posted in the App, regardless of whether such content violates these Terms.
Intellectual Property (Copyright, Trademarks, and User License)
Unless otherwise indicated, the App and all content and materials contained herein, including without limitation, the Nuk Café logo and all designs, text, graphics, images, information, data, software, sound files, and other files (collectively, “App Materials”) are the property of Nuk Cafe. The App and all its App Materials are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights. The use of Nuk Café’s trademarks on any other website is strictly prohibited. Nuk Café will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Subject to these Terms, Nuk Café grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the App for personal use only in accordance with these Terms (“User License”). Any use the App Materials in any other manner, including without limitation, resale, transfer, modification or distribution is prohibited. These Terms and User License also govern any updates to the App.
Privacy
By accessing or using the App, the User consents to all actions that Nuk Café takes with respect to your data consistent with our Privacy Policy (See Nuk Café Digital Privacy Policy).
User Content
Nuk Café does not control, take responsibility for, or assume liability for any content posted, stored, or uploaded by the User (“User Content”), or for any related loss or damages. Nuk Café is also not liable for any User conduct or mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that the User may encounter on the App.
Within the App, Nuk Café has designed the interactive areas as open and public areas for connecting and sharing with other Users. When the Users participate in these areas, the User understands that the information and content that you choose to post may be displayed publicly. The User is solely responsible for your use of the App, and agree to use the interactive areas at your own risk.
Should the User become aware of any content posted by other Users that violates these Terms, you may report it by clicking on the “Report Abuse” links located below each piece of User Content. Although Nuk Café has no obligation to screen, edit, or monitor any content posted by Users, Nuk Café reserves the right to remove, screen, or edit any User Content on the App at any time or for any reason without notice.
By submitting or posting User Content on the App, the User grants Nuk Café perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use, sell, reproduce, combine with other works, alter, translate, distribute copies of, display, perform, publish, license or sub-license the User Content and the User’s name and likeness. By posting User Content on the App, the User releases Nuk Café from any claims that Nuk Café’s use of the User Content violates any of your rights, while understanding the you will not be entitled to any compensation for any use of your User Content.
Orders
Where applicable, Orders may include delivery fees and any applicable tax, such as goods and services tax, value-added tax, etc.
Nuk Café will endeavor to comply any special instructions the User may have for an Order. If not feasible, Nuk Café will reserve the right to prepare the Order in accordance to standard operating procedures. Nuk Café will not be responsible to replace or refund an Order that does not conform to special instructions provided by the User.
If the User has any allergies, allergic reactions, or dietary restrictions and requirements, please contact us via email.
Before placing an order, you will be asked to provide information on the App, such as your delivery address. To complete an Order, please follow the instructions after clicking ‘Checkout.’ You may be required to provided additional information for Nuk Café to complete the Order. Before you place the order, be sure to review and confirm that all the information you provide, including amounts, delivery details, personal details, payment information, and applicable voucher codes are true, accurate, and complete.
Refunds
The User has the right to cancel an Order and get a refund for online payment orders only if Nuk Café has not yet accepted your Order. If you decide to cancel your Order after it has been accepted by Nuk Café, you will get no refunds, and you forfeit the delivery of your cancelled Order. The User also has the right to cancel cash-on-delivery Orders only if Nuk Café has not accepted your Order. Should you still decide to cancel your Order after it has been accepted by Nuk Café, you will forfeit the delivery of your cancelled Order, and cash-on-delivery may be removed from your list of available payment methods for future Orders.
Prices
Prices quotes on the App will be displayed in the US Dollar and is subject to applicable tax. A breakdown of prices and additional charges are displayed before Checkout. When the User place an Order, you agree to all amounts, regular charges (each item’s price and delivery fees), additional charges, and the final total amount displayed to you.
Payment
The User can choose to pay for an Order using different payment methods, such as cash-on-delivery. For online payments, our payment partners include Visa, MasterCard and ABA Payway. If you have existing credit in your App, such as valid promotions, discounts, vouchers, and tokens, you can use these to pay for part, or all of your Order. Delivery fees will not appear in the receipt if you opt for pick-up.
Nuk Café reserves the right to add or remove payment methods at any time in its sole discretion. If the User choose to pay through an online payment method, the payment shall be processed by our third-party service provider(s). With your consent, your credit card / payment information will be stored with our third-party service provider(s) for future orders. Nuk Café does not store your credit card or payment information.
Before making a purchase, you must ensure that you have sufficient funds on your credit or debit card. When applicable, Nuk Café takes responsibility for payments made on our App, including refunds, chargebacks, cancellations, and dispute resolutions, if reasonable and within the scope of these Terms.
Delivery Order
By entering your delivery address on the App, you will see the items that we will make available to you at that time. Delivery areas may expand, shrink, or change depending on the weather, traffic conditions, and other seen and unforeseen situations.
Nuk Café will deliver your Order to the delivery address provided by the User. Delivery times shall vary depending on factors that are not always within our control (i.e. order quantity, distance, time of day, weather conditions, traffic conditions, etc). The User acknowledges that the delivery time we provided is only an estimate, and Orders may arrive earlier or later.
To ensure that you do not miss a delivery of an Order, the User should ensure that either your or someone is at the delivery location to receive the Order once it is placed. In some cases, we will be unable to deliver an Order due reasons caused by the User, such as, but not limited to: no one was present or available to receive the Order; the customer was uncontactable despite attempts to reach them via the phone number; lack of appropriate or sufficient access to deliver the Order; or lack of a suitable or secure location to leave the Order. If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Nuk Care reserves the right to cancel the Order without refund or remedy.
If the User discovers that there are issues with your Order (wrong order, defective, or missing items), please contact Nuk Café through the customer support hotline. In some cases, Nuk Café may request photographic proof or additional information to investigate the issue with the Order. If Nuk Café determines that the Order you received as not in satisfactory condition or quality, we will compensate you, in part or in whole, for your Order.
Pick-Up Order
The User will have the option to collect your Order in-person directly from Nuk Café (“Pick-Up”) instead of having the Order delivered to You. Nuk Café will prepare the Order by Collection Time. Nuk Café agrees to hold the Order for you at our premises for no more than a reasonable period of 5 minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
In the event of delays in Pick-Up due to the User, you bear the risk of any damage or loss of Goods or any deterioration in the quality or change in condition of your Order. You shall not be entitled to a refund or replacement in cases like this. The User is solely responsible for inspecting the Order when you pick it up, and shall report any issues to Nuk Café before leaving the premises.
Vouchers, Discounts, Promotions, and Tokens
Nuk Café may run marketing and promotional campaigns that offer voucher codes, discounts, and other promotional offers to be used on the App. Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
Vouches may not be valid when used with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to vouchers. Unless stated otherwise, vouchers may only be used on the App and cannot be exchanged for cash. Nuk Café reserves the right to void, discontinue, or reject the use of any voucher without prior notice.
As a special feature of the App, the User may also use tokens to avail discounts and promotions, and to send gifts and rewards to one another.
Indemnification
The User agrees to defend, indemnify, and hold harmless Nuk Café, subsidiary and other affiliated companies, service providers and consultants, employees, contractors, agents, officers, and directors (“Nuk Café Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, labilities, and expenses, including attorney fees (“Claims”) that may arise or relate to the User’s use of or misuse of the App, violation of these Terms, or violation of any rights of a third party.
Warranties & Disclaimers
Nuk Café provides the App to the User “As Is” and the User is Using the App at your own risk. While Nuk Café will do our best to ensure the provision of the App, Nuk Café disclaims all warranties that the App and all its features shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. Due to unforeseen emergencies or scheduled and regular system maintenance work, the App and its features may be subject to interruptions.
No Liability
Subject to the applicable laws, in no event shall Nuk Café or its officers, directors, employees, shareholders or agents be liable to the User with respect to the use of the App, the content or the App Materials contained in or accessed through the App (including without limitation any damages caused by or resulting from reliance by a User on any information obtained from Nuk Café through the App), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance due to communications failure, theft, destruction, or unauthorized access to Nuk Café’s records, programs, or services. Nuk Café, its officers, directors, employees, shareholders or agents, will also not be liable to the User for any indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, loss of profits, loss, theft or corruption of User information, or the inability to use the App or any of its features. The User’s sole recourse is to cease use of the App.
Third Party Links and Websites
The App may contain links to other third party websites or platforms. By clicking on these links, the User agrees to do so at your own risk. Nuk Café does not control or endorse these third party websites or links, and shall not be held responsible for the content therein. Nuk Café accepts no liability or responsibility for any loss or damage which the User may suffer as a result of accessing or using third party links and websites.
Termination
Nuk Café reserves the right, without notice and in its sole discretion, to terminate the User’s license to use the App, and to block and prevent your future access and use of the App.
Amendments
Nuk Café reserves the right to change or modify these Terms at any time and at its sole discretion by posting revisions on the App. Continued use of the App following the date of such amendments to the Terms will constitute the User’s acceptance of such changes or modifications.
Severability
If any of the provisions in these Terms are deemed unlawful, void for any reason, unenforceable, then that provision shall be severed from these Terms, and shall not affect the validity and enforceability of any of the remaining provisions.
Governing Laws
These Terms shall be governed and interpreted in accordance with the laws of the country / courts of jurisdiction where Nuk Café is incorporated.
Contact
If the User wishes to contact Nuk Café regarding any questions or comments, please send an email to our customer support email or via in-app customer support chat feature.
Nuk Café
143 Preah Norodom Blvd
Phnom Penh, Cambodia
nukcafe@gmail.com
+855 10 653 289