Terms of service
OVERVIEW
Welcome to Space Food Sticks! The terms “we”, “us” and “our” refer to Space Food Sticks Inc. Space Food Sticks Inc. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Space Food Sticks is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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 Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to another person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen because of your device and its settings.
We do not warrant that the appearance or quality of products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered online.
Product descriptions may change at any time without notice. We reserve the right to discontinue products and to limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Space Food Sticks Inc. reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until we confirm acceptance and receive and process payment.
Please review your order carefully before submitting it. Because merchandise may enter production quickly, we may be unable to accommodate cancellation or change requests after an order is placed. If we decline, change or cancel an order, we will attempt to notify you using the contact information provided with the order.
Purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchases are for personal or household use 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 will be the price in effect when the order is placed and will be shown in your order confirmation. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs or import charges.
We may offer promotions governed by separate terms. If promotion terms conflict with these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information. You represent that payment information you provide is accurate, that you are authorized to use the payment method, and that you will pay applicable charges and taxes.
SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. Shipping and delivery may be affected by carrier delays, weather, customs processing or other events outside our reasonable control.
If your order appears to be lost or there is an issue with delivery, please contact us at hello@spacefoodsticks.com and we will work with you to investigate the shipment.
Additional information is available in our Shipping Policy.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection and arrangement thereof, are owned by Space Food Sticks Inc., its affiliates or licensors and are protected by applicable Canadian, U.S. and other intellectual property laws.
These Terms permit personal, non-commercial use of the Services only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as permitted by law.
Nothing in these Terms grants you a license or other right under any patent, trademark, copyright or other intellectual property of Space Food Sticks Inc., Shopify or any third party. All rights not expressly granted are reserved.
The Space Food Sticks names, logos, product and service names, designs and slogans are trademarks of Space Food Sticks Inc. or its affiliates or licensors and may not be used without prior written permission. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. Other names and marks are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services that we do not monitor or control.
Access to such tools is provided “as is” and “as available” without warranties, representations, conditions or endorsement. Your use of optional third-party tools is at your own risk and discretion and is also subject to the relevant third party’s terms.
New features, tools and resources that we may offer through the Services will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials or links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.
If you access third-party sites, you do so at your own risk. Please review the third party’s policies and practices before engaging in transactions with them. Questions about third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Space Food Sticks is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Space Food Sticks Inc.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Space Food Sticks Inc., including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Space Food Sticks Inc.
SECTION 10 — PRIVACY POLICY
Personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about access to and use of the Services in order to provide and improve the Services. Information submitted to the Services may be transmitted to and shared with Shopify and service providers located in countries other than where you reside.
Please review our Privacy Policy for more information about how we, Shopify and our partners use personal information.
SECTION 11 — FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for purposes including operating, improving and promoting the Services.
You represent that you own or have the necessary rights to submit the Feedback, have disclosed any compensation or incentives associated with it, and that it complies with these Terms.
We are not obligated to keep Feedback confidential, pay compensation for it or respond to it. We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.
You are responsible for your Feedback and its accuracy and must not submit Feedback that violates the rights of others, contains unlawful or abusive material, or contains malicious software.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Information in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
• violate laws or the rights of others;
• infringe intellectual property;
• harass, abuse, defame or harm others;
• transmit false or misleading information;
• distribute spam or malicious software;
• impersonate another person or entity;
• collect personal information unlawfully;
• interfere with the security or operation of the Services; or
• otherwise use the Services in a way that may harm Space Food Sticks Inc., Shopify or other users.
You also may not reproduce, extract, sell, resell or exploit portions of the Services, or use automated tools, scraping tools or agents to access the Services in violation of these Terms or technical measures we use to manage access.
We may suspend, disable or terminate access if we determine that these Terms have been violated.
SECTION 14 — AGENTS
This section applies if you use, allow, enable or deploy software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity (an “Agent”) to access or interact with the Services.
An Agent must identify itself truthfully, must not conceal that interactions are automated, must not circumvent CAPTCHAs or other measures intended to distinguish automated from human use, and must not circumvent measures intended to block, limit or control automated access.
We may limit, including through technical measures, whether and how Agents access or interact with the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, in our discretion, subject to applicable law. You remain liable for amounts due up to the date of termination.
Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law and privacy.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general information purposes. We do not warrant its accuracy, completeness or usefulness, and reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY SPACE FOOD STICKS INC. AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPACE FOOD STICKS INC. AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Space Food Sticks Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages or liabilities arising from your material breach of these Terms, your violation of applicable law or the rights of a third party, or your misuse of the Services.
We will provide reasonable notice of an indemnifiable claim and may control its defense and settlement, provided we will not agree to a settlement imposing non-monetary obligations on you without your consent, not to be unreasonably withheld.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and the unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us in respect of the Services constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications and proposals relating to that use.
SECTION 21 — ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.
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 Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to any rights you may have under applicable consumer protection laws, you and Space Food Sticks Inc. submit to the jurisdiction of the courts of Manitoba, Canada.
SECTION 23 — HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change or replace these Terms by posting updates to our website. We will provide notice of material changes when required by applicable law. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to hello@spacefoodsticks.com.
Space Food Sticks Inc.
120 Sherbrook St
Winnipeg, MB R3C 2B4
Canada
hello@spacefoodsticks.com