Terms & Conditions
There are separate terms and conditions, privacy policies and guidelines for governing the use of the Food For Kids store hosted through Shopify.inc detailed below.
These terms shall govern the Food For Kids network located at www.foodforkids.com and its related domains (“Site”). By registering, accessing, browsing and/or using the Site you acknowledge and agree to be bound by the Terms, which shall take effect immediately on your first use of the Site. If you do not agree to the terms please do not register, access, browse or use the Site. Food For Kids may change the terms from time-to-time. Please check the terms regularly for the posting of any updates or revisions. Your continued use of the Site constitutes acceptance of these updates or revisions. If you do not agree to these changes you should cease using the Site. Food For Kids’ General Competition Terms and Conditions appear after section 9 of these terms.
1. COPYRIGHT AND OTHER RIGHTS
1.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) in and on the Site and all content located on the Site shall at all times remain vested in Food For Kids or our licensors (which includes other users). 1.2. Food For Kids grants you a limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these terms are reserved. 1.3. You may not and agree not to assist or facilitate any third party to copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, transmit, distribute, broadcast, commercially exploit, create derivative works, make available to the public or otherwise use the Site content or Site in any way except for your personal, non-commercial use. Any other use of the Site content or Site requires prior written permission of Food For Kids. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately. 1.4. Nothing in these Terms shall be construed as conferring any licence or right under any intellectual property right of Food For Kids or any third party unless expressly stated. 1.5. The names, images and logos identifying Food For Kids, its affiliated companies and their products and services are the copyright, design right or trademarks of Food For Kids or affiliated companies. Nothing in these Terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of such parties. 1.6. By sharing any contribution(s) with us (including data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”)) to the Site, you agree and grant Food For Kids and its sub-licensees, free of charge permission, to use the Contribution(s) in any way Food For Kids wants (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s). 1.7. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to Food For Kids, including the consent of anyone who is identifiable in your Contribution(s) or the consent of their parent/guardian if they are under 16. 1.8. If you do not want to grant us the permission set out in these Terms, please do not share your Contribution(s) with us.
2. FOOD FOR KIDS RESPONSIBILITIES
2.1. Food For Kids reserves the right to remove or edit any Contribution(s) which is found to be in breach of the Terms as set out herein. 2.2 Food For Kids will endeavour to provide the Site using all reasonable care. The Site is provided “as is” and on an “as available basis” and to the extent permitted by law, Food For Kids excludes all implied warranties as to quality, accuracy, fitness for purpose and makes no guarantee, representation or warranty: (i) with respect to the Site or your use of the Site, (ii) that the Site will be accessible, useable, uninterrupted, timely, secure or free of errors, viruses or bugs , (iii) to the accuracy, timing or reliability of any information, opinion, advice, Contribution(s) or statements contained herein, or (iv) that the Site is compatible with any software of material. 2.3 You acknowledge that Food For Kids does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users (including Food For Kids representatives) may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of Food For Kids. 2.4 If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not Food For Kids. 2.5 Food For Kids shall not accept responsibility or liability for any damage, loss, injury, disappointment suffered as a result of: (i) your use of (or inability to use) the Site, (ii) any changes Food For Kids makes to the Site, (iii) any permanent or temporary cessation in the provision of the Site (or any feature within the Site), or (iv) the deletion, corruption or failure to store any Contribution(s) and any other communications data maintained or transmitted through your use of the Site, (v) the performance of the Site. 2.6 Food For Kids will not be liable for the following losses or damage, regardless of the form of action for: (i) loss of use of the Site, (ii) damage to equipment or other software, (iii) loss of data, (iv) loss of revenue or anticipated profits, (v) loss of opportunity, (vi) loss of goodwill or injury to reputation, (vii) losses suffered by third parties or (viii) for any indirect, special, exemplary or consequential damages. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from the negligence of us, our servants, agents or employees.
3. YOUR USE OF THE SITE
3.1 Food For Kids insists that any use by you of the Site shall be in accordance with the following conditions: (i) If you are a child or a young person under the age of 16, you are required to obtain your parent’s or guardian’s permission before using the Site. Parents or guardians who wish to allow their children to access to the Site should supervise their access to the Site, as their legal guardian it is your responsibility to determine whether any of the Site is appropriate for your child. (ii) You are responsible for all activities undertaken by you using any service provided by us, including access to materials on the internet (whether it is a password protected site or not) and use of the email. All activities are at your own risk. (iii) You will not use the Site or any other services provided through the Site in a manner or for a purpose contrary to these Terms. (iv) You are responsible for all activities under your password or account, and you will keep your password confidential. You will immediately notify us of any unauthorised use of your password or account or any other breach of security. You will not disrupt the functioning of the Site, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Site. 3.2 You agree you will not: (i) defame, threaten, stalk, abuse, harm or otherwise harass other users; (ii) use the Site in any manner which could damage, disable, overburden or impair the Site (or the networks connected to such site or services) or interfere with any other party’s use and enjoyment of the Site; (iii) attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means; (iv) obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Site; (v) register more than one user account, or register for a user account on someone else’s behalf or on behalf of any group or entity; (vi) post, publish, modify, transmit, communicate, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Site or our network; (vii) advertise or offer to sell or buy any goods or services for any business purpose, unless such service specifically permitted by Food For Kids; (viii) download any file posted by another user that you know, or reasonably should know, should not or cannot be legally distributed in such manner; (ix) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material or otherwise disguise the origin of such material; or (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others. 3.3 You agree you will not upload, publish, post, communicate, transmit or otherwise make available any material (including but not limited to Contribution(s)): (i) for any unlawful purpose or in any unlawful way; (ii) which may encourage criminal conduct; (iii) which is or contains unsolicited, unauthorised advertising, promotional materials with surveys, contests, “pyramid schemes”, “chain letters”, “junk mail”, “spam” or any other form of duplicative or unsolicited communications (commercial or otherwise); (iv) which is inappropriate, profane, infringing, fraudulent, hateful, obscene, indecent, unlawful, racially, ethnically or otherwise objectionable or offensive; (v) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including Trojan horses, worms, time bombs, cancelbots or corrupted files) or interfere with or expropriate any system data or personal information; (vi) that is harmful or pornographic or which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience; or (vii) that refers to third parties by name. 3.4 Should Food For Kids become aware of any activity that would be contrary to the Terms or determine in their sole discretion to be unacceptable, then Food For Kids reserves the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the User with immediate effect and, where necessary, to forward any incriminating material in its possession to the UK police or other relevant authorities. 3.5 You accept that Food For Kids may keep a record of your IP and/or host address for reference purposes only (in order to keep a track on the amount of visitors per day). In the event of any breach of these Terms, Food For Kids may view and add your IP and/or host address to an ‘excluded database’ to prevent you gaining further access to the website service. These addresses are not distributed or given out to any third party services.
4. OTHER PARTY’S PRODUCTS AND SERVICES AND LINKS
5.1 You hereby agree to indemnify Food For Kids, its employees, representatives, from any and all claims, liability, damages, costs and expenses (including legal fees) which arise from: (i) your statements, Contribution(s) or any other submissions to or through the Site; (ii) your use or misuse of the Site; (iii) your violation of third party rights; (iv) any other liabilities arising out of your use of the Site; or (v) any breach of the Terms.
6. OUR PROMOTIONS & COMPETITIONS
6.1 From time to time, Food For Kids may include competitions, free draws, instant wins, promotions or other offers on the Site (“Promotion(s)”). All Promotions shall be subject to Food For Kids General Competition Terms. Further, each Promotion may be subject to its own express terms and entry requirements which shall feature on or around the entry page of the specific promotion.
8.1 Please remember posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.
9.1 In the event that any part of these Terms is held to be invalid or unenforceable such provision(s) shall be severed and deleted from these Terms and the remainder thereof shall remain intact and continue to have full force and effect. 9.2 These Terms form the entire agreement between you and Food For Kids and supersede any other oral or written communications, agreements or representations regarding your use of the Site. 9.3 The Site is intended only to be accessed from the United Kingdom and Australia. Food For Kids Ltd makes no representation that the Site content is appropriate or available for use at other locations and access them from other territories where their contents are illegal or strictly prohibited. If you access the Site and you are outside of the United Kingdom or Australia you are responsible for compliance with local laws. 9.4 You agree that Food For Kids reserves the right at all times to disclose any information it deems necessary to satisfy any domestic or foreign applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information, Contribution(s) or materials, in whole or in part. 9.5 Nothing in these Terms shall restrict or exclude any liability that Food For Kids has to any party which cannot be excluded by law. 9.6 These Terms shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
11. THE SALE OF ITEMS:
Returns. I hope you like your products but if you any reason you change your mind I will fully refund your purchase up to 30 days after purchase. This excludes the cost of postage.Your items must be unused and in the same condition that you received them. They must also be in the original packaging.Please email firstname.lastname@example.org with your order number and detail the items you would like to return.
Refunds. Once your return is received and checked, I will send you an email to notify you that I have received your returned item(s). I will also notify you of the approval of your refund. A credit will automatically be applied to your credit card or original method of payment, within 10 working days. If you have any queries with regard to any returns please email email@example.com.
Sale items . Sale items unfortunately cannot be refunded or exchanged.
Exchanges. You are welcome to exchange your products up to 30 days after purchase. Your items must be unused and in the same condition that you received them. They must also be in the original packaging. Please email firstname.lastname@example.org with your order number and detail the items you would like to exchange. You will be required to pay for postage. If your parcel arrives damaged please notify email@example.com within 48 hours. Please send your item to: Food For Kids PO Box 71726, London W2 7EJ. Your postage will be refunded for any faulty or damaged items.
Shipping. To return your product, please send your product to: Food For Kids, PO Box 71726, London W2 7EJ. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Exceptions apply for damaged or faulty goods. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
This does not affect your statutory rights.
SECTION 12.1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products and other updates.
SECTION 12.2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org, unsubscribing from the bottom of our newsletter or mailing us at:
Food For Kids
PO Box 71726
London W2 7EJ
SECTION 12.3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 12.4 – SHOPIFY
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.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 12.5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 12.6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 12.7 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 12.8 – AGE OF CONSENT
By using this site, 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.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail:
Food For Kids
The Privacy Compliance Officer
PO Box 71726,
London W2 7EJ
13. STORE TERMS OF SERVICE
This website is operated by Food For Kids. Throughout the site, the terms “we”, “us” and “our” refer to Food For Kids. Food For Kids 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 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, 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 13.1 – 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.
SECTION 13.2 – 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 13.3 – 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 13.4 – 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.
SECTION 13.5 – 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 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 that appear at the store. 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 13.6 – 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 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 detail, please review our Returns Policy.
SECTION 13.7 – 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 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 13.8 – 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 13.9 – 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 are 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 or any third-party.
SECTION 13.10 – PERSONAL INFORMATION
SECTION 13.11 – 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 13.12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the 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 your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13.13 – DISCLAIMER OF WARRANTIES; 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 the results that may be 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 to you.
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’ 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 shall Food For Kids, 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any 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, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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 13.14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Food For Kids and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 13.15 – 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 13.16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the 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 also 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/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13.17 – 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 govern 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 13.18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.
SECTION 13.19 – 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 13.20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.