Last updated: September 9, 2026

Welcome to kobugroup.com (the “Site”), operated by KOBU Inc. (“KOBU,” “we,” “us,” or “our”), an Ontario corporation. KOBU operates the Niva brand of consumer food and wellness products.

By accessing or using the Site, creating an account, or placing an order through the Site, you agree to be bound by these Terms & Conditions (the “Terms”), together with any policies expressly incorporated into these Terms. If you do not agree with these Terms, please do not use the Site or place an order.

These Terms apply to purchases made through the Site. Additional terms may apply to specific promotions, products or services and will be identified where applicable.

1. About Our Products

Niva offers moringa powder, spirulina powder and related food and wellness products.

Our products are sold as food products and are not intended to diagnose, treat, cure or prevent any disease. Information provided on the Site about our products, ingredients, traditional uses or nutritional characteristics is provided for general informational purposes only and is not medical advice.

Individual experiences and results may vary.

You are responsible for:

• reading the product label and ingredient information before use;
• following the recommended serving and usage instructions;
• considering any allergies, sensitivities or dietary restrictions you may have; and
• consulting an appropriate healthcare professional if you have questions about whether a product is suitable for you, particularly if you are pregnant or nursing, have a medical condition, or take medications or other supplements.

If you experience an unexpected or adverse reaction to a product, discontinue use and seek appropriate medical advice.

Product images, descriptions and other information on the Site are intended to provide a general representation of our products. We make reasonable efforts to keep this information accurate and current, but packaging, appearance, availability and other product details may change from time to time.

2. Eligibility and Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms.

You agree not to:

• use the Site for any unlawful, fraudulent or unauthorized purpose;
• interfere with or attempt to interfere with the security, operation or functionality of the Site;
• attempt to gain unauthorized access to any account, system or network connected to the Site;
• introduce malicious code, viruses or other harmful material;
• scrape, copy, reproduce or systematically collect Site content without our prior written permission;
• impersonate another person or misrepresent your identity or relationship with KOBU or Niva; or
• use Site content or functionality in a way that infringes the rights of KOBU or any third party.

We reserve the right to suspend or restrict access to the Site where reasonably necessary to protect the Site, our business, our customers or third parties.

3. Product Availability

We make reasonable efforts to keep product information and availability on the Site accurate.

However, products may become unavailable or temporarily out of stock without notice. We reserve the right to limit quantities available for purchase and to discontinue products at any time.

If a product you have ordered becomes unavailable before your order can be fulfilled, we may cancel the affected portion of your order and provide a refund for any amount paid for that product.

4. Orders and Acceptance

Submitting an order through the Site constitutes an offer to purchase the products selected in your order.

Your order confirmation acknowledges that we have received your order; it does not necessarily mean that your order has been accepted or that the products have been shipped.

We reserve the right to accept, decline or cancel an order, in whole or in part, where permitted by law, including where:

• a product is unavailable;
• there is an obvious pricing, product-description or availability error;
• we reasonably suspect fraud, unauthorized activity or misuse of the Site;
• we are unable to process payment; or
• circumstances outside our reasonable control prevent us from fulfilling the order.

If we cancel an order after payment has been received, we will refund the amount paid for the affected products.

5. Pricing, Taxes and Promotions

All prices displayed on the Site are in Canadian dollars (CAD), unless otherwise stated.

Prices, product information and availability may change at any time without notice. Any applicable taxes, shipping charges or other fees will be displayed during checkout where required.

We make reasonable efforts to ensure that prices and product information are accurate. If an obvious pricing or product-description error affects an order, we reserve the right to correct the error and, where appropriate, cancel the affected order and provide a full refund.

Promotional Offers

Promotional offers, discount codes and other promotions may be subject to additional terms and conditions.

Unless expressly stated otherwise:

• promotional codes cannot be combined;
• promotional codes cannot be exchanged for cash or transferred;
• promotions may apply only to specified products or customers;
• promotions may have expiration dates or other restrictions; and
• a promotion may be withdrawn or corrected if an obvious error has occurred.

Any additional promotional terms displayed at the time of the offer form part of the applicable promotion.

6. Payment

Payment is processed through our third-party payment processor.

By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us or our payment processor to charge the applicable amount for your order.

We do not intentionally retain complete payment-card information on our own systems where payment is processed by a third-party payment provider.

If payment cannot be authorized or completed, we may cancel or delay the affected order.

7. Shipping and Delivery

We currently ship orders within Canada using available shipping services, which may include Chit Chats Canada and/or other carriers selected by us.

Shipping options, costs and estimated delivery times are displayed during checkout where applicable.

Delivery estimates are provided for convenience only and are not guaranteed. Delays may occur because of carrier disruptions, weather, customs or other circumstances outside our reasonable control.

You are responsible for providing an accurate and complete delivery address. We are not responsible for delays, additional costs or unsuccessful delivery resulting from an incorrect or incomplete address provided by you.

If a package is returned to us because it could not be delivered, we may contact you to arrange next steps. Additional shipping charges may apply where permitted by law.

If your order arrives damaged, is missing items or appears to have been compromised during delivery, please contact us as soon as reasonably possible at the contact information provided below and retain the packaging and product where appropriate so that we can investigate the issue.

Any transfer of title or risk of loss will be subject to applicable law and the terms of the applicable sale and delivery arrangement.

Nothing in these Terms limits any rights you may have under applicable consumer protection legislation.

8. Returns, Refunds and Exchanges

Returns and refunds are governed by our separate Refund & Return Policy, which forms part of these Terms.

Our Refund & Return Policy will explain applicable eligibility requirements, exclusions, procedures and refund methods.

Nothing in our Refund & Return Policy or these Terms limits any consumer rights that cannot legally be excluded or waived.

9. Account Responsibility

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for activity occurring under your account, except to the extent caused by our own acts or omissions.

You agree to provide accurate and current account information and to notify us promptly if you believe your account has been accessed without authorization.

We reserve the right to suspend or terminate an account where reasonably necessary to protect the Site, our customers or our business, including in cases of suspected fraud, misuse or violation of these Terms.

10. Intellectual Property

All content on the Site, including the Niva name and logo, trademarks, product descriptions, photographs, graphics, illustrations, packaging imagery, text, designs, videos and other materials, is owned by KOBU Inc. or its licensors and is protected by applicable intellectual property laws.

You may access and use the Site for your personal, non-commercial purposes.

You may not copy, reproduce, modify, distribute, publish, display, sell, license or commercially exploit Site content without our prior written permission, except where permitted by law.

Purchasing a Niva product does not give you ownership of, or any licence to use, our trademarks, branding, packaging designs or other intellectual property.

11. Reviews and User-Submitted Content

If the Site allows you to submit reviews, comments, photographs, testimonials or other content (“User Content”), you remain responsible for the content you submit.

You agree not to submit User Content that:

• is unlawful, misleading, defamatory, threatening, abusive or fraudulent;
• infringes another person’s intellectual property, privacy or other rights;
• contains malicious software or harmful code;
• contains confidential or sensitive information belonging to another person; or
• falsely represents your experience with our products.

By submitting User Content to us, you grant KOBU a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute that User Content in connection with our business, marketing and products, subject to applicable law.

We may remove or decline to publish User Content at our discretion where reasonably necessary.

12. Third-Party Services and Links

The Site may rely on or provide links to third-party services, websites or platforms, including payment processors, shipping providers, analytics providers, social media platforms and other service providers.

Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party websites, services or content that we do not control.

The inclusion of a third-party link does not constitute an endorsement or guarantee of that third party or its services.

13. Privacy

Our collection, use, disclosure and protection of personal information is governed by our separate Privacy Policy, which forms part of these Terms.

By using the Site, you acknowledge that personal information may be collected and handled in accordance with our Privacy Policy and applicable privacy laws.

You can review our Privacy Policy here: kobugroup.com/privacy-policy

14. Electronic Communications

When you place an order, create an account, contact us or otherwise interact with the Site, you may receive electronic communications relating to your order, account or our services.

Where required by law, we will obtain consent before sending commercial electronic messages and will provide an unsubscribe mechanism in accordance with applicable law.

You may unsubscribe from promotional communications at any time using the unsubscribe mechanism provided in the applicable message.

Unsubscribing from promotional communications will not prevent us from sending transactional or service-related communications necessary to process or administer an order or account.

15. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Site and its content are provided on an “as is” and “as available” basis.

We do not guarantee that:

• the Site will always be available, uninterrupted or error-free;
• Site content will always be complete, accurate or current;
• defects will always be corrected immediately; or
• the Site will be free from viruses or other harmful components.

We make reasonable efforts to provide accurate product information, but information on the Site may occasionally contain errors or omissions.

Nothing in these Terms excludes or limits any warranty, condition, representation or consumer right that cannot legally be excluded or limited.

16. Limitation of Liability

To the maximum extent permitted by applicable law, KOBU Inc. will not be liable for indirect, incidental, special, consequential or punitive damages arising from or relating to your use of the Site or purchase of products, including loss of profits, revenue, business opportunities or data.

To the maximum extent permitted by applicable law, our total liability arising from or relating to a particular purchase will not exceed the amount you paid to us for the product or products giving rise to the claim.

This limitation does not apply to liability that cannot legally be excluded or limited, including rights or remedies that cannot be waived under applicable consumer protection legislation.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless KOBU Inc. and its directors, officers, employees and service providers from claims, losses, liabilities, damages, costs and expenses arising from:

• your unlawful or unauthorized use of the Site;
• your violation of these Terms;
• your violation of another person’s rights; or
• User Content submitted by you,

except to the extent that the claim, loss or liability results from the negligence, wilful misconduct or other conduct of KOBU for which liability cannot legally be excluded.

18. Force Majeure

We will not be responsible for delays, interruptions or failures in performing our obligations where caused by circumstances beyond our reasonable control, including natural disasters, severe weather, transportation disruptions, labour disruptions, supply-chain interruptions, government action, public-health emergencies, telecommunications or internet failures, acts of war or terrorism, or other events beyond our reasonable control.

Where reasonably possible, we will take commercially reasonable steps to minimize the impact of such events.

19. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising from these Terms or your use of the Site will be subject to the applicable courts of Ontario, subject always to any mandatory rights or protections available to consumers under applicable law.

20. Changes to These Terms

We may update these Terms from time to time.

When we make changes, we will update the “Last updated” date at the top of this page. Material changes may also be communicated through the Site or other reasonable means where appropriate.

Changes will apply to future use of the Site and future orders after the revised Terms become effective.

The Terms applicable to an order will be those in effect when the applicable order is entered into, unless otherwise permitted or required by law.

21. General Provisions

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable, where legally permitted. The remaining provisions will continue in effect.

Waiver

If we do not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce that provision later.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may assign or transfer these Terms in connection with a merger, restructuring, sale of assets, corporate reorganization or similar transaction, subject to applicable law.

Entire Agreement

These Terms, together with any policies expressly incorporated into them and any applicable additional terms presented at checkout or in connection with a promotion, constitute the agreement between you and KOBU regarding your use of the Site and applicable purchases, subject to any mandatory rights under applicable law.

Survival

Any provisions that by their nature should continue after termination or completion of an order will survive, including provisions relating to intellectual property, limitations of liability, indemnification and governing law.

22. Contact Us

If you have questions about these Terms, an order or our products, please contact us:

KOBU Inc. (Niva)
Email: info@kobugroup.com
Address: Winfield Terrace, Mississauga, ON L5R1N9
Phone: 416-908-7368

These Terms should be read together with our Privacy Policy, Refund & Return Policy and Shipping Policy.