Terms and Conditions

Overview

Nyota operates and manages this website. When we use terms like “we”, “us”, or “our”, we are referring to Nyota. By accessing and using this website, along with all the information, tools, and services it provides, you agree to comply with the terms, conditions, policies, and notices outlined here. If you do not accept these terms, you must refrain from using this website. When you visit our site or make a purchase, you are participating in our “Service” and agreeing to adhere to the following terms and conditions (“Terms of Service”, “Terms”). These Terms apply to all users of the website, including but not limited to visitors, customers, vendors, merchants, and contributors of content. Additional terms, conditions, or policies referenced within this document or linked elsewhere on the site are also part of these Terms. Before using our website, please read these Terms of Service carefully. By accessing or using any part of the site, you are agreeing to these Terms. If you do not agree to all the terms and conditions stated here, you are not permitted to use the website or its services. If these Terms are considered an offer, your acceptance is strictly limited to these Terms. We may introduce new features, tools, or services to the website in the future, and these will also be governed by these Terms of Service. The most current version of the Terms will always be available on this page. We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes on the website. It is your responsibility to review this page periodically for updates. Your continued use of the website after any changes are posted signifies your acceptance of those changes.

1. Online Store Terms

By agreeing to these Terms of Service, you confirm that you are either of legal age in your country, state or province of residence, or that you have obtained consent from a legal guardian to allow any minor dependents under your care to use this site. You agree not to use our products or services for any illegal or unauthorized purposes, and you must comply with all applicable laws in your jurisdiction, including but not limited to copyright laws. Additionally, you are prohibited from transmitting any harmful content, such as viruses, worms, or any code designed to disrupt or damage the website or its users. Any breach or violation of these Terms will lead to the immediate termination of your access to our services.

2. General Conditions

3. Accuracy, Completeness, and Timeliness of Information

We do not guarantee the accuracy, completeness, or timeliness of the information provided on this website. The content on this site is intended for general informational purposes only and should not be used as the sole basis for making decisions. We recommend consulting primary, more accurate, or more up-to-date sources of information before relying on any material found here. Any use of or reliance on the content of this site is at your own risk.

This website may include historical information, which, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify or update the content on this site at any time, but we are under no obligation to do so. It is your responsibility to monitor any changes to the information provided on our site.

4. Modifications to the Service and Prices

The prices of our products may be adjusted at any time without prior notice. We also reserve the right to modify, suspend, or discontinue the Service (or any part of it, including its content) at any time, without providing advance notice. We will not be held liable to you or any third party for any changes, including price adjustments, modifications, suspensions, or discontinuations of the Service.4. Modifications to the Service and Prices

5. Products or Services (if applicable)

Some products or services may only be available for purchase online through our website. These items may have limited quantities and are subject to our Return Policy for any returns or exchanges. While we strive to accurately display the colors and images of our products on the website, we cannot guarantee that the colors shown on your computer monitor will be precise.

We reserve the right, though we are not obligated, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. This decision may be made on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. Product descriptions, pricing, and availability are subject to change at any time without notice, at our sole discretion. Additionally, we may discontinue any product at any time. Any offers for products or services made on this site are void where prohibited by law.

We do not guarantee that the quality of any products, services, or information purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

6. Accuracy of Billing and Account Information

We reserve the right to decline or refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same payment method, or sharing the same billing or shipping address. If we modify or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase, such as your email address, billing address, or phone number. Additionally, we may restrict or prohibit orders that, in our judgment, appear to be placed by resellers, distributors, or dealers. By making a purchase, you agree to provide accurate, current, and complete account and billing information. You also agree to promptly update your account details, including your email address, payment information, and credit card expiration dates, to ensure we can process your transactions and contact you if necessary. For further details, please refer to our Return Policy.

7. Delivery

Unless otherwise agreed in writing, all deliveries will be made in accordance with the Shipping Policy in effect at the time of shipment. Any delivery dates provided by us are estimates only. While we will make reasonable efforts to meet these estimated dates, we are not liable for any delays in delivery. Unless specified otherwise in writing, all goods will be packaged according to our standard packaging practices.

8. Third-Party Links

Our Service may include content, products, or services provided by third parties. Additionally, this site may contain links to third-party websites that are not affiliated with us. We do not review, evaluate, or guarantee the accuracy or quality of third-party materials, websites, or services, and we assume no liability or responsibility for them.

We are not responsible for any harm or damages resulting from your purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. Before engaging in any transaction, we recommend carefully reviewing the third party’s policies and practices to ensure you understand them. For any complaints, claims, concerns, or questions related to third-party products or services, please contact the third party directly.

9. User Comments, Feedback, and Other Submissions

If you submit specific content at our request (e.g., contest entries) or voluntarily provide creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as “comments”), whether online, via email, postal mail, or other means, you grant us the right to edit, copy, publish, distribute, translate, and use such comments in any medium, at any time, without restriction. We are under no obligation to: (1) keep comments confidential; (2) compensate you for comments; or (3) respond to comments.

We reserve the right, but are not obligated, to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

By submitting comments, you agree that they will not infringe on the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they include any computer viruses, malware, or harmful code that could disrupt the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of your comments. You are solely responsible for the content and accuracy of your comments. We assume no liability for any comments posted by you or any third party.

10. Privacy Policy

Please be sure to read our Privacy Policy, which is available at this website and incorporated herein by reference.

11. Errors, Inaccuracies, and Omissions

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct such errors, inaccuracies, or omissions and to update or modify information at any time without prior notice. This includes the right to cancel orders if any information on the website or Service is found to be inaccurate, even after an order has been submitted.

We are not obligated to update, amend, or clarify information on the website or Service, including pricing details, except as required by law. The absence of a specified update or refresh date on the website or Service should not be interpreted as an indication that all information has been revised or updated.

12. Prohibited Uses

You are prohibited from using the website or its content for any unlawful purpose, to solicit others to engage in illegal activities, or to violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances. Additionally, you may not infringe upon or violate our intellectual property rights or the rights of others, nor may you harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You are also prohibited from submitting false or misleading information, uploading or transmitting viruses or malicious code that could disrupt the functionality of the Service or related websites, collecting or tracking the personal information of others without consent, engaging in spamming, phishing, pretexting, spidering, crawling, or scraping, or using the site for any obscene, immoral, or unethical purpose. Furthermore, you may not interfere with or circumvent the security features of the Service, related websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free, nor do we warrant that the results obtained from the Service will be accurate or reliable. You agree that we may, at any time and without notice, suspend or discontinue the Service indefinitely. Your use of the Service, or inability to use it, is solely at your own risk. The Service and all products or services provided through it are offered “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. In no event shall Nyota, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the Service, any products purchased through the Service, or any other claim related to your use of the Service or its content, even if advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in such cases, our liability shall be limited to the maximum extent permitted by law. Effective from January 25th, 2025, all Nyota jewelry, including real gemstones and metals such as 925 Sterling Silver, 18kt Rose Gold, 18kt Yellow Gold Vermeil, 14kt Solid Gold, and 10kt Solid Gold, comes with a one year warranty covering defects in materials and workmanship. This warranty does not cover physical or accidental damage, lost items, scratches from normal wear and tear, improper use or storage, improper care (e.g., exposure to chemicals, makeup, or perfumes), discoloration, worn prongs, lost stones, natural stone imperfections, or modifications made by third parties. Items purchased through third-party vendors (outside of nyota.life) are not covered under this warranty; please contact the vendor directly for assistance. For optimal care, follow our detailed jewelry care guide.

14. Indemnification

You agree to indemnify, defend, and hold harmless Nyota, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, demands, or liabilities, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service, any referenced documents, or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the maximum extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms, and such a determination will not affect the validity or enforceability of the remaining provisions.

16. Termination

The obligations and liabilities of both parties incurred before the termination date will remain in effect even after the termination of this agreement. These Terms of Service will remain in force unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by discontinuing your use of our website. If we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. Upon termination, you will remain responsible for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

17. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operating rules posted on this site or related to the Service, represent the complete agreement between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including previous versions of the Terms of Service). In the event of any ambiguities in the interpretation of these Terms, such ambiguities shall not be interpreted against the party responsible for drafting them.

18. Governing Law

These Terms of Service, as well as any separate agreements under which we provide you with Services, shall be governed by and interpreted in accordance with the laws of Hong Kong.

19. Changes to Terms of Service

The most current version of these Terms of Service can always be found on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes on our website. It is your responsibility to periodically review our website for any updates. Your continued use of or access to the website or Service after any changes are posted constitutes your acceptance of those changes.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at info@nyota.life.

21. Mobile Message Service Terms and Conditions

The Nyota mobile message service (the “Service”) is operated by Nyota (“we,” “us,” or “our”). By using the Service, you agree to these terms and conditions (“Mobile Terms”). We reserve the right to modify, suspend, or cancel the Service or any of its features at any time without notice. To the extent permitted by applicable law, we may also update these Mobile Terms, and your continued use of the Service after such changes will constitute your acceptance of the updated terms.

The Service itself is free, but standard message and data rates from your wireless provider may apply. You are responsible for all charges and fees associated with text messaging imposed by your wireless carrier.

Messages may be sent using an automatic telephone dialing system or similar technology. Your consent to receive automated marketing text messages is not a condition of purchasing any goods or services. If you opt in, the Service will send you updates, alerts, promotions, special offers, and other marketing messages (e.g., order updates, cart reminders) via text messages to the mobile number you provided. Message frequency may vary. To stop receiving messages, email us at info@nyota.life. We may change the way of stopping receiving messages or phone number used for the Service at any time and will notify you of such changes. Wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number and to keep your contact information accurate, complete, and up to date.

To the extent permitted by applicable law, we are not liable for failed, delayed, or misdirected delivery of messages, any errors in the content of messages, or any actions you take (or fail to take) in reliance on the Service or its messages.