Terms of service
OVERVIEW
This website is operated by
Maia Holdings. Throughout the site, the terms “we”, “us” and “our”
refer to MAÏA. MAÏA 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 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 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.
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
subject to return or exchange only according to our Refund 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 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 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 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: PRIVACY POLICY
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 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 - 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 MAÏA, 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 14 - INDEMNIFICATION
You agree to indemnify,
defend and hold harmless MAÏA 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 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 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 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 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 the laws of Canada.
SECTION 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 20 - CONTACT INFORMATION
Questions about the Terms
of Service should be sent to us at care@buymaia.com.
Our contact information is
posted below:
MAIA Holdings
Co
care@buymaia.com
SMS Marketing
The Maia Holdings mobile message service (the "Service") is operated by Maia Holdings (“Maia Holdings”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Maia Holdings’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Maia Holdings through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Maia Holdings. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18887821107 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Maia Holdings mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18887821107 or email care@buymaia.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Arbitration and Class Action Waiver
Agreement to Arbitrate
You and Maia Holdings agree that any dispute, claim, or controversy
arising out of or relating to your use of our products or
services, including the purchase or consumption of Maia Holdings,
will be resolved exclusively through final and binding
arbitration, rather than in court. Arbitration will be conducted
under the rules of the American Arbitration Association (AAA) in
the jurisdiction where you reside, unless both parties agree
otherwise.
Class Action Waiver
You and Maia Holdings agree that each may bring claims against the
other only in your or its individual capacity, and not as a
plaintiff or class member in any purported class, consolidated,
or representative proceeding. Unless both you and Maia Holdings
agree, no arbitrator or judge may consolidate more than one
person’s claims or otherwise preside over any form of a
representative or class proceeding.
Opt-Out
You may opt out of this arbitration and class action waiver
provision by notifying Maia Holdings in writing within 30 days of
your first use of our products or services. To opt out, you must
send written notice with your name, address, and a clear
statement that you do not wish to resolve disputes through
arbitration to: 3140 W. Main Street Riverton Wyoming, US 82501
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Health Disclaimer
Statements made on this website and in connection with Maia
Cacao products have not been evaluated by the Food and Drug
Administration. Our products are not intended to diagnose,
treat, cure, or prevent any disease. Information provided by
Maia Holdings is for educational purposes only and should not be
considered medical advice. Always consult with a qualified
healthcare professional before starting any new dietary
supplement, especially if you are pregnant, nursing, have a
medical condition, or are taking medication.
Limitation of Liability
To the fullest extent permitted by law, Maia Holdings, its
affiliates, officers, employees, and agents shall not be liable
for any indirect, incidental, special, consequential, or
punitive damages, or any loss of profits or revenues, arising
out of your use or inability to use our products or
services.