Terms of service

Overview 🧾

This website is operated by FoodByMaria, INC. Throughout the site, the terms we, us, and our refer to FoodByMaria, INC. FoodByMaria, INC. offers this website, including all information, tools, and services available from this site to you, 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 and agree to be bound by these Terms of Service, including additional terms and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and 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, 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 that are added to the current store are also 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.

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 and you have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your services.

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 transmissions over various networks and 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 our express written permission.

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 as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on the material on this site is at your own risk. This site may contain historical information that is not current and is provided for reference only. We may modify the contents of this site at any time, but have no obligation to update any information.

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 of it, without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

5. Products or Services 🧾

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device 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, and to limit quantities. All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material will meet your expectations, or that any errors in the service will be corrected.

6. Accuracy of Billing and Account Information 🧮

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by email or phone using the contact details provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store, and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

For more details, see our Return Policy.

7. Optional Tools 🧰

We may provide access to third party tools over which we neither monitor nor have control. 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. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. We may also offer new features or services through the website in the future. Such new features or services will also be subject to these Terms of Service.

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 websites 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. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

9. User Comments, Feedback, and Other Submissions 💬

If, at our request, you send submissions, for example contest entries, or without a request you send 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 you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond. We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates intellectual property or these Terms of Service. You agree your comments will not violate any rights of any third party and will not contain unlawful, abusive, or obscene material, or any virus or malware. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of comments. You are solely responsible for any comments you make and their accuracy.

10. Personal Information 🔐

Your submission of personal information through the store is governed by our Privacy Policy.

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, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information 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 pricing information, except as required by law.

12. Prohibited Uses 🚫

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to violate laws or regulations, to infringe upon or violate intellectual property rights, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false or misleading information, to upload or transmit viruses or malicious code, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent security features of the service or related websites. We reserve the right to terminate your use of the service for violating any prohibited use.

13. Disclaimer of Warranties and Limitation of Liability ⚖️

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error free. We do not warrant that results obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided as is and as available, without any representations, warranties, or conditions of any kind, either express or implied. In no case shall FoodByMaria, INC., our 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 without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

14. Indemnification 🛡️

You agree to indemnify, defend, and hold harmless FoodByMaria, INC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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.

15. Severability ✂️

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of any other remaining provisions.

16. Termination ⛔

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement 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. 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 may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services.

17. Entire Agreement 📃

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Governing Law 📍

These Terms of Service and any separate agreements whereby we provide you services are governed by and construed in accordance with the laws of the Province of Alberta, Canada. Any disputes will be resolved exclusively in the courts located in Calgary, Alberta.

19. Changes to 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, 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 constitutes acceptance of those changes.

20. Contact Information 📫

Questions about the Terms of Service should be sent to store@foodbymaria.com.

FoodByMaria, INC.
store@foodbymaria.com