Terms of Service
OVERVIEW
This website (the “website”, “site”, or
“store”) is operated by Savor Foods Limited, a
company incorporated under the laws of the State
of Delaware, United States. Throughout the site,
the terms “we”, “us” and “our” refer to Savor
Foods Limited. We offer this website, including
all information, tools and Services (defined
below) available from this site to you, an
individual accessing the Services, the “user”,
conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By
visiting our site and/ or purchasing something
from us, you engage in our “Service (or
“Services”) and agree to be bound by the following
terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and
conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service
apply to all users of the site, including without
limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of
content.
Please read these Terms of
Service carefully before accessing or using our
website. By accessing or using any part of the
site or Services, you agree to be bound by these
Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you
may not access the website or use any Services. If
these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of
Service.
Any new features or tools
which are added to the current store shall also be
subject to the Terms of Service. You can review
the most current version of the Terms of Service
at any time on this page. We reserve the right to
update, change or replace any part of these Terms
of Service by posting updates and/or changes to
our website. It is your responsibility to check
this page periodically for changes. Your continued
use of or access to the website following the
posting of any changes constitutes acceptance of
those changes.
Our store is hosted on
Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our
products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you
represent that you are at least the age of
majority in your state or province of residence,
or that you are the age of majority in your state
or province of residence and you have given us
your consent to allow any of your minor dependents
to use this site.
You may not use our
products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not
limited to copyright laws).
You must not
transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of
any of the Terms will result in an immediate
termination of your Services or your access to
such.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to
anyone for any reason at any time.
You
understand that your content (not including credit
card information), may be transferred unencrypted
and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or
devices. Credit card information is always
encrypted during transfer over networks.
You
agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use
of the Service, or access to the Service or any
contact on the website through which the Service
is provided, without express written permission by
us.
The headings used in this agreement are
included for convenience only and will not limit
or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete
or current. The material on this site is provided
for general information only and should not be
relied upon or used as the sole basis for making
decisions without consulting primary, more
accurate, more complete or more timely sources of
information. Any reliance on the material on this
site is at your own risk.
This site may
contain certain historical information. Historical
information, necessarily, is not current and is
provided for your reference only. We reserve the
right to modify the contents of this site at any
time, but we have no obligation to update any
information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right
at any time to modify or discontinue the Service
(or any part or content thereof) without notice at
any time.
We shall not be liable to you or to
any third-party for any modification, price
change, suspension or discontinuance of the
Service or any products.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be
available exclusively online through the website.
These products or Services may have limited
quantities and are not subject to return, refunds,
or exchange except according to our Refund
Policy.
Exact product appearances may change
from what appears on the store without notice due
to the artisanal nature of these products. We
cannot guarantee that your computer monitor's
display of any color will be accurate.
We
reserve the right, but are not obligated, to limit
the sales of our products or Services to any
person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any
products or Services that we offer. All
descriptions of products or product pricing are
subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for
any product or Service made on this site is void
where prohibited.
We do not warrant that the
quality of any products, Services, information, or
other material purchased or obtained by you will
meet your expectations, or that any errors in the
Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order
you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person,
per household or per order. These restrictions may
include orders placed by or under the same
customer account, the same credit card, and/or
orders that use the same billing and/or shipping
address. In the event that we make a change to or
cancel an order, we may attempt to notify you by
contacting the e‑mail and/or billing address/phone
number provided at the time the order was made. We
reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You
agree to provide current, complete and accurate
purchase and account information for all purchases
or orders made at our store. You agree to promptly
update your account and other information,
including your email address and credit card
numbers and expiration dates, so that we can
complete your transactions and contact you as
needed.
For more details, please review
our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor
nor have any control nor input.
You
acknowledge and agree that we provide access to
such tools “as is” and “as available” without any
warranties, representations or conditions of any
kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to
your use of optional third-party tools.
Any
use by you of the optional tools offered through
the site is entirely at your own risk and
discretion and you should ensure that you are
familiar with and approve of the terms on which
tools are provided by the relevant third-party
provider(s).
We may also, in the future,
offer new Services and/or features through the
website (including the release of new tools and
resources). Such new features and/or Services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services
available via our Service may include materials
from third-parties.
Third-party links on this
site may direct you to third-party websites that
are not affiliated with us. We are not responsible
for examining or evaluating the content or
accuracy and we do not warrant and will not have
any liability or responsibility for any
third-party materials or websites, or for any
other materials, products, or Services of
third-parties.
We are not liable for any harm
or damages related to the purchase or use of
goods, Services, resources, content, or any other
transactions made in connection with any
third-party websites. Please review carefully the
third-party's policies and practices and make sure
you understand them before you engage in any
transaction. Complaints, claims, concerns, or
questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions (for example contest entries)
or without a request from us, you send creative
ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal
mail, or otherwise (collectively, ”comments”), you
agree that we may, at any time, without
restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any
comments that you forward to us. We are and shall
be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any
comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine
in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of
Service.
You agree that your comments will
not violate any right of any third-party,
including copyright, trademark, privacy,
personality or other personal or proprietary
right. You further agree that your comments will
not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any
computer virus or other malware that could in any
way affect the operation of the Service or any
related website. You may not use a false e‑mail
address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely
responsible for any comments you make and their
accuracy. We take no responsibility and assume no
liability for any comments posted by you, any
other users, or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on
our site or in the Service that contains
typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing,
promotions, offers, product shipping charges,
transit times and availability. We reserve the
right to correct any errors, inaccuracies or
omissions, and to change or update information or
cancel orders if any information in the Service or
on any related website is inaccurate at any time
without prior notice (including after you have
submitted your order).
We undertake no
obligation to update, amend or clarify information
in the Service or on any related website,
including without limitation, pricing information,
except as required by law. No specified update or
refresh date applied in the Service or on any
related website, should be taken to indicate that
all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate or suspend your use of the Service or any related website in our sole discretion including for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant
that your use of any of our Services will be
uninterrupted, timely, secure or error-free.
We
do not warrant that the results that may be
obtained from the use of any of the Services will
be accurate or reliable.
You agree that from
time to time we may remove all or some Services
for indefinite periods of time or cancel the
Services, in whole or in part, at any time,
without notice to you.
You expressly agree
that your use of, or inability to use, any Service
is at your sole risk. The Services and all
products and Services delivered to you through the
Services are (except as expressly stated by us or
required by applicable law) provided 'as is' and
'as available' for your use, without any
representation, warranties or conditions of any
kind, either express or implied, including all
implied warranties or conditions of
merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and
non-infringement.
In no case, to the extent
permitted by applicable law, shall Savor Foods
Limited or our directors, officers, employees,
affiliates, agents, contractors, interns,
suppliers, service providers, licensors,
successors, or assigns be liable for any injury,
loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any
kind, including, without limitation lost profits,
lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether
based in contract, tort (including negligence),
strict liability or otherwise, arising from your
use of any of the Services or any products
procured using the Services, or for any other
claim related in any way to your use of the
Services or any product, including, but not
limited to, any errors or omissions in any
content, or any loss or damage of any kind
incurred as a result of the use of the Services or
any content (or product) posted, transmitted, or
otherwise made available via the Services, even if
advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or
incidental damages, in such states or
jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Savor Foods Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors, and assigns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination date
shall survive the termination for all purposes.
These
Terms of Service are effective unless and until
terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or
when you cease using our site, provided that you
thereafter immediately cease all access and use of
the Services, and all use access and use prior to
(or after) such termination remains subject to
these Terms of Service.
If in our sole
judgment you fail, or we suspect that you have
failed, to comply with any term or provision of
these Terms of Service, we also may terminate or
suspend your access to the Services at any time
without notice and you will remain liable for all
amounts due up to and including the date of
termination; and/or accordingly we may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce
any right or provision of these Terms of Service
shall not constitute a waiver of such right or
provision.
These Terms of Service and any
policies or operating rules posted by us on this
site or in respect to the Service constitutes the
entire agreement and understanding between you and
us and governs your use of the Service,
superseding any prior or contemporaneous
agreements, communications and proposals, whether
oral or written, between you and us (including,
but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the
interpretation of these Terms of Service shall not
be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of
the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to
update, change or replace any part of these Terms
of Service by posting updates and changes to our
website. It is your responsibility to check our
website periodically for changes. Your continued
use of or access to our website or the Service
following the posting of any changes to these
Terms of Service constitutes acceptance of those
changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@savor.it
Our contact information is posted below:
Savor Foods Limited
Attention Customer Service
5941 Optical Ct, STE 225,
San Jose, CA 95138