TERMS OF SERVICE
Welcome to NEIWAI. Please read the following terms of service (“Terms”) as they govern your use of our Site.
By using this Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site.
NEIWAI reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
All content that appears on the NEIWAI Site, including all visuals, text, audio and video clips, is subject to copyright protections and /or other intellectual property rights or licenses held by NEIWAI. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws. NEIWAI grants you a limited license to access and make personal use of the content on this Site. Content of the NEIWAI Site is intended solely for the personal, noncommercial use by the users of our Site.
NEIWAI may contact you or provide you with service-related and/ or promotional notices by means of direct mail, e-mail, general site notifications and more using the contact information you have provided to us.
Access or use the NEIWAI Site for any illegal or unauthorized purpose is prohibited. Any manner of harassment or form involving use of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. NEIWAI cannot monitor the conduct of its users, but it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent. You agree that no comments or other user submissions submitted by you to the NEIWAI website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to our Site will be or contain defamatory or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Mobile Terms of Service
Last updated: July 27, 2022
The NEIWAI mobile message service (the "Service") is operated by NEIWAI US INC. (“NEIWAI”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to NEIWAI’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of NEIWAI through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with NEIWAI. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18556593565 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other NEIWAI mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18556593565 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
NEIWAI strives to create an interactive relationship with the users of its Site and services. User comments, suggestions, feedback, ideas, and other submissions (collectively, “Submissions”) disclosed, submitted or offered to NEIWAI on or by this Site or by other means (including e-mail or text message), shall be and remain as NEIWAI property. Users assign all property rights and interests to NEIWAI, allowing our company unlimited use, commercial or otherwise, of -- and granting NEIWAI a worldwide, perpetual license to use -- any and all Submissions. Additionally, NEIWAI shall be under no obligation to: (1) maintain any Submissions in confidence; (2) pay to users any compensation for any Submissions; or (3) respond to any user Submissions.
Correction of Site Errors
The information on the NEIWAI website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our amendment of them.
By use of this Site, you agree to indemnify and hold NEIWAI (and its shareholders, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from and against any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation by you of these Terms or any activity of yours related to your account (including negligent or wrongful conduct).
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. NEIWAI shall not be liable to you or any third-party for any termination of your access.
Third Party Links
To improve and cater our Site to you, NEIWAI may use and promote services provided by outside third parties. However, even if the third party is affiliated with NEIWAI, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, availability, completeness, timeliness, or reliability of, any such parties.
External sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore your access is at your own risk.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS," WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, NEIWAI MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF ANY NEIWAI PRODUCT BY A USER IS AT THE USER’S RISK.
LIMITATION OF LIABILITY
NEIWAI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS.
We value our relationship with you as our customers. We are sensitive to protecting the private information that you provide to us. We also want you to have the opportunity to receive interesting and useful information about NEIWAI and about our products and services.
You are not required to submit any information to our website. However, without providing certain requested information, you may be unable to place an order or access certain features of our website.
Collection of Information About You
Each time a user visits our website, certain use and navigation information is collected by our servers. This information is aggregated and anonymous. It gives us information such as the number, frequency and duration of visits to each web page, which information we use to improve the content and navigation features of our website.
If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our website or other services may not work optimally if you delete or disable cookies.
We collect personal information about you when you provide it to us, such as through your use of our website and its features, when you contact us directly by e-mail, phone, in writing, or via social media, when you order goods and services, when you use any of our other applications, and any other means by which you provide personal information to us. The type of information we collect about you may include the following kinds of information:
- e-mail address
- postal address
- phone number
- payment information (e.g., your credit or debit card details)
- Information about your computer (e.g., your IP address and browser type)
- Information about how you use our website (e.g., which pages you have viewed, the time you viewed them and what you clicked on)
- Information about your mobile device (such as your geographical location)
Information we obtain from third parties will generally include your name and contact details, but may include any additional information they provide to us, including some or all of the types of information set out in the list above.
We may also obtain personal information about you from certain publicly accessible sources, including (but not limited to) the electoral register, online customer databases, third-party lists and directories, media publications, social media, websites and other publicly accessible sources.
When you place an order, submit your account information, or participate in NEIWAI promotions or surveys, our website collects your personal information, such as your name, e-mail address, and mailing address. NEIWAI will use your information to process and fulfill your order. Additionally, your e-mail address may be collected at various points within the website (including when you place an order with us) so that we can send you any necessary e-mail messages related to your order, such as order and shipping confirmations.
Use of Your Personal Information
At NEIWAI, we understand and recognize that we must maintain and use customer information responsibly.
We maintain a record of your purchase history, product interests, and whatever other details might enable us to improve your shopping experience. Analytics such as website use and traffic patterns are also considered to help us improve the design of our website, the products we make and exclusive services we offer.
NEIWAI does not rent or sell to others your e-mail address. We do not store or share credit card information with third parties, except for the purpose of processing your order payment and as required by law.
If for any reason you choose to access a third-party website linked to our website, you do so at your own risk. We are not responsible for how these outside parties may collect, use, protect or disclose the information you provide them.
NEIWAI never stores or saves pictures taken by our sizing app. All measurement calculations take place natively on your phone.
In order to better understand our customers’ body types and preferences for particular styles, we may collect and analyze aggregated, anonymous measurement, size and shape information about our users and their purchases. The anonymous, aggregated data that we may collect could be used in a variety of ways, including but not limited to, improving the performance of our products and helping us to understand more about the relationships between body shapes, sizes and style preferences. We may also, in the future, share such aggregated, anonymous information with third-party partners. By providing your personal information to us, you are consenting to the collection and use of such anonymous, aggregated data.
Web data is collected to monitor user trends on our website. Analytical data such as “hits” to our server, traffic patterns and page views show us where our audience is coming from and how they interact with us online. This type of collected information does not personally identify specific website users. In addition, like most websites, our website may utilize “web beacons,” “pixel tags” or other tracking technologies to help us study the actions of our users through non-personally identifiable information. This data may be aggregated with similar data collected from other users to help us to improve NEIWAI products and services and your overall website experience.
Information Sharing with Outside Parties
We may provide your personal information to companies that provide services to help us with our business activities, such as information processing, fulfilling customer orders, lead generation, providing pre/post customer service, managing and enhancing customer and prospective customer data, and conducting customer research or satisfaction surveys. These companies are authorized to use your personal information only as necessary to provide these services to us. We may also combine the personal information you provide with other personal information available from other sources. This information will then be used to enhance and personalize your shopping experience, and to make our marketing efforts more efficient. NEIWAI does not sell your personal information to third parties.
NEIWAI ensures that its third-party contracts contain proper controls for the anonymizing and encryption of personal data, breach detection, and deletion of personal data at the end of the contract term.
NEIWAI may also share your personally identifiable and/or your non-personally identifiable information, including your name, address, e-mail address, and any transactions you conduct on our website or offline with us with a third-party advertising partner and its service providers in order to deliver to you advertising tailored to your interests when you visit certain other websites. Our advertising partners make the data we provide anonymous. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
From time to time we might establish a business relationship with other persons or entities whom we believe to be trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. We may make your name, e-mail address, and postal address available to other direct marketing companies who may have offers of interest to you. If do not wish to receive such mailings, or if you would like to opt out of NEIWAI direct mail and catalogs, please send an email with your full name, e-mail and postal address to email@example.com.
We may also share your personal information to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by NEIWAI, whether or not a response is required by applicable law; to enforce the NEIWAI Terms of Service (available separately on our website); to protect our rights; or to protect the safety of members of the public or of users of our products or services.
NEIWAI reserves the right to transfer personal information to a a third party that acquires rights to receive such information as a result of the sale of NEIWAI or substantially all of its assets to that party.
We employ physical, electronic, and administrative safety measures to assist us in protecting your personal information and credit card data. These safeguards help us to prevent fraud and unauthorized access, as well as to maintain data accuracy. In addition, we use professionally reasonable efforts to block access to your personal information from NEIWAI employees (except those having a need to know for purposes of fulfilling your order or otherwise doing their jobs) and corporate partners to ensure your personal information is always kept safe.
Access to Information, Correction, Deletion
You have the right to request access to the information we have on you. You can do this by contacting us at firstname.lastname@example.org. In response to such a request, we will provide you with a copy of the data we have about you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy to you electronically, unless your request expressly specifies a different method.
If you believe that the information we have about you is incorrect, you can contact us to update it. Click on the Contact link at the bottom of any NEIWAI web page for information on how to contact us.
If at any point you wish for NEIWAI to delete information about you, please submit your request to email@example.com
International Privacy Laws
Children's Privacy and Parental Controls
Our website is not created for or intended to be used by children, except those who have their parents’ permission. We do not believe children are interested in our site, and do not knowingly collect information from children under 18, except where a parent has authorized the release to us of information. If you are a parent or guardian and think we have unauthorized information about your child, please contact us: firstname.lastname@example.org.
Your California Privacy Rights
This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”
For more details about the personal information we collect, including over the last 12 months, please see the “Collection of Information About You” section above. We collect this information for the business and commercial purposes described in the “Use of Your Personal Information” section above. We may share with third parties anonymous, aggregated data, as described in the “Use of Your Personal Information” section above. We do not sell (as defined in the CCPA) the personal information we collect.
Subject to certain limitations, the CCPA provides California consumers the right to request more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring (as noted, none are), and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at email@example.com. We will verify your request using the information associated with your account, including the e-mail address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.
Modification of Policy