Terms of service

OVERVIEW

Welcome to Food Therapy Studio! "We", "us" and "our" refer to Food Therapy Studio. Food Therapy Studio operates this store and website, including all related information, content, features, tools, products and services ("Services"), to provide you with a carefully curated shopping experience. Food Therapy Studio is powered by Shopify to deliver our Services to you.

The following terms and conditions, together with all policies referenced herein (collectively "Terms of Service" or "Terms"), describe your rights and responsibilities when using our Services. Please read these Terms of Service carefully as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependents in your care to use this site. You may be asked to provide certain information such as your email address, billing, payment and shipping details in order to use our Services, access our online stores or purchase any products or services offered. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide such information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services in our online stores. However, please be aware that colors or product appearance may appear differently on your screen depending on the type of device you use to access the store and your device settings and configuration. We do not guarantee that the appearance or quality of any products or services displayed or offered through our online stores will meet your expectations or be as depicted. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products or services we offer to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Food Therapy Studio reserves the right to accept or refuse any order at any time at its sole discretion. Your order is not considered accepted until Food Therapy Studio confirms acceptance. Your payment must be received and processed by us before an order can be accepted. Please review your order carefully before submitting, as Food Therapy Studio may not be able to accommodate cancellation requests once an order has been accepted. If an order cannot be accepted, is modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of ordering. Products purchased are only subject to return or exchange in accordance with our Refund Policy. You represent and warrant that any products purchased are for personal or household use only and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, prices listed do not include taxes, shipping, handling, customs or import fees. Prices published in our online stores may differ from prices offered in physical stores or other online or third-party operated stores. We may occasionally offer promotions on our Services that may affect prices and are subject to Terms and Conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays resulting from the shipping carrier, customs processing or events beyond our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, pictures, graphics, product reviews, video and audio content and their design, selection and arrangement, are owned by Food Therapy Studio, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in our Services without our prior written consent. Nothing herein shall be construed to grant you any license or other right under any patent, trademark, copyright or other intellectual property rights of Food Therapy Studio, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Food Therapy Studio.

SECTION 7 - OPTIONAL TOOLS

As part of the Services, we may provide access to third-party tools that we do not monitor, control or direct. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis 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 Services 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 features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. 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. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk. 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 and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Food Therapy Studio is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are directly with Food Therapy Studio. By using the Services, you acknowledge that Shopify is not a party to any sale between you and Food Therapy Studio, and bears no responsibility for any aspect of such sales, including any liability for injury, harm or loss arising from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to any purchases and transactions you make with Food Therapy Studio.

SECTION 10 - PRIVACY POLICY

All personal information submitted through our Services is subject to our Privacy Policy, which can be viewed here [LINK] and certain personal information may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you consent to having read this Privacy Policy. Because our Services are hosted by Shopify, Shopify may collect and process personal information related to your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be transmitted to Shopify and third parties who may be located in countries other than your country of residence. For details about how your personal information is used by us, by Shopify and by our partners, please review our Privacy Policy [LINK].

SECTION 11 - FEEDBACK

If you submit, upload, share, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose including commercial use. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep any Feedback confidential, (2) pay compensation for any Feedback, or (3) respond to any Feedback. We may, at our sole discretion, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services for the purpose of: (a) any unlawful or malicious purpose; (b) violating any international, federal, state or local regulations, rules, laws or ordinances; (c) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against anyone; (e) submitting false or misleading information; (f) uploading or transmitting viruses or any other type of malicious code; (g) sending or procuring the sending of any unsolicited commercial email or spam; (h) impersonating or attempting to impersonate another person or entity; or (i) any other conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to terminate your access to the Services at any time for any violation of these Terms.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, permit, enable or cause an Agent to access, use or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and may be operated using a person's device or on their behalf without direct supervision. No Agent may access, use or interact with the Services unless it always identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. We may limit the manner and means by which any Agent may access, use or interact with the Services, including through technical measures.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time in our sole discretion without notice and you will remain liable for all amounts due up to and including the date of termination. The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimers of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information made available on or through the Services is provided for general information purposes only. We make no warranty regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services. THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOD THERAPY STUDIO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Food Therapy Studio, Shopify and their affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

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

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure 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 of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

SECTION 21 - ASSIGNMENT

You may not assign, transfer or sublicense any of your rights or obligations under this agreement or these Terms without our prior written consent, and any such attempted assignment shall be void. We may assign, transfer or delegate any of our rights and obligations without your consent or notice to you.

SECTION 22 - 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 jurisdiction in which Food Therapy Studio is headquartered. You and Food Therapy Studio agree to submit to the jurisdiction and venue of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - 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. We will notify you of any material changes to these Terms in accordance with applicable law and such changes will take effect on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at thefoodtherapy.kitchen@gmail.com

Food Therapy Studio thefoodtherapy.kitchen@gmail.com