SERVICE TERMS
This website is operated by Devine Foods Ltd, trading as Cenu Cacao. Throughout
the site, the terms “we”, “our” and “us” refer to Cenu Cacao. Devine Foods Ltd offers
this website, including all information, tools and services available from this site to
you, the user, conditioned upon your acceptance of all terms, policies, conditions,
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 (“Service
Terms”), including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Service Terms apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or content contributors.
Please read these Service Terms carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Service
Terms. 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 Service Terms are
considered an offer, acceptance is expressly limited to these Service Terms.
Any new tools or features which are added to the current store shall also be subject
to this Service Terms. We reserve the right to update, change or replace any part of
these Service Terms by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued access or
use of 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.
ONLINE STORE TERMS
By agreeing to these Service Terms, you agree 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 (including but not limited to copyright
laws).
You must not transmit any viruses, worms, or any code of a destructive nature to our
site.
Your service would be immediately terminated is you breach or violation of any of the
Terms.
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 resell, duplicate, produce, copy, sell 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 written permission from us.
COMPLETENESS, ACCURACY, 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.
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.
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 colours and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any colour 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. 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 any time without notice, at the sole
discretion of Cenu Cacao. 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.
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 you made the order. We reserve the right to prohibit or limit or
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. Please review our Returns Policy for more details.
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 Service Terms.
THIRD-PARTY LINKS
Certain content, products, and services available via our Service may occasionally
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 damages or harm 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 and not to us.
USER COMMENTS, REVIEWS, 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 post, 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 to maintain any
comments in confidence; to pay compensation for any comments; or 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, libellous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Service Terms.
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 libellous 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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. Please familiarise yourself to the Privacy Policy.
INACCURACIES, ERRORS AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
inaccuracies, typographical errors, 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.
PROHIBITED USES
In addition to other prohibitions as set forth in the Service Terms, you are prohibited
from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules,
laws, or local ordinances; - to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; - to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; - to submit false or misleading information;
- 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; - 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 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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, secure, timely 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 DEVINE FOODS LTD, 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Devine Foods Ltd 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 legal fees, made by any third-party due
to or arising out of your breach of these Service Terms or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Service Terms 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 Service Terms, such determination shall not affect the
validity and enforceability of any other remaining provisions.
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 Service Terms are effective unless and until terminated by either you or us.
You may terminate these Service Terms 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 Service Terms, 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).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Service Terms
shall not constitute a waiver of such right or provision.
These Service Terms 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
Service Terms).
Any ambiguities in the interpretation of these Service Terms shall not be construed
against the drafting party.
GOVERNING LAW
These Service Terms and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with English law and the
English courts shall have jurisdiction to resolve any disputes between us.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Service Terms at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Service Terms 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
Service Terms constitutes acceptance of those changes.