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Terms of service
Effective Date: December 9, 2024
These Terms and Conditions (“Terms”) constitute a legal agreement between Haute Academy Inc (dba as Haute Food Colors), a company based in Vancouver, Canada (“we,” “us,” or “our”), and you, or the entity or person you represent (“you” or “your”).
IMPORTANT: By using or accessing this website, byhaute.com (“Website”), you agree to abide by these Terms. If you do not agree to these Terms, please refrain from accessing or using the Website.
We recommend that you print or save a copy of these Terms for future reference, as we may update them periodically. A downloadable version of these Terms is available here.
KEY POINTS TO NOTE:
Please pay special attention to the sections titled: “RIGHT TO CANCEL; NO RETURNS; REFUNDS”, “PRICE AND PAYMENT”, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, “DISCLAIMERS”.
These sections include important provisions regarding liability limitations and dispute resolution through arbitration, without the possibility of a jury trial.
If for any reason whatsoever you do not agree to these Terms or do not wish to be bound by them, you must not access or use our Website.
OUR DETAILS
Haute Academy Inc. operates the Website and offers goods and services through it.
YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
You are responsible for ensuring that anyone who accesses our Website through your computer(s) or device(s), or who is authorized to use your device to access our Website, is aware of these Terms and all related documentation. You must ensure that these individuals also agree to abide by and comply with these Terms. If they do not agree to these Terms or do not wish to be bound by them, they must not access or use the Website, and you must prevent them from doing so.
OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE
Your use of this Website is subject to these Terms and the following additional document:
Privacy Policy
Available at Privacy Policy. By using this Website or providing information through it, you acknowledge that all information shared, including through interactive features and account registration, is governed by our Privacy Policy. You consent to the actions we take regarding your information as described in the policy, including how we collect, use, and share your information with third parties. The Privacy Policy also outlines your rights regarding your information.
CHANGES TO THESE TERMS
We reserve the right to update these Terms at our discretion. Any changes will take effect immediately upon posting and will apply to all future use of the Website and any subsequent purchases of goods or services.
If you continue to use the Website or make a purchase after we post a revised version of these Terms, you agree to be governed by the updated Terms. You can check if these Terms have changed by reviewing the effective date at the top of the document.
It is your responsibility to review these Terms each time you access the Website to ensure you are aware of the applicable terms at that time.
YOUR ACCOUNT DETAILS
Certain features of the Website may require you to register for a user account (“Account”). When registering, you agree to provide accurate, complete, and up-to-date information. You must update your information as needed, including before making any purchases.
You are responsible for keeping your login details confidential and must not allow any third party to use your Account. You agree not to solicit, collect, or use login credentials of others, and you must not impersonate any person or entity or use a false name. You are prohibited from creating an Account for anyone other than yourself.
We are not liable for any loss or damage resulting from unauthorized use of your Account, whether or not you were aware of the use. You are fully responsible for safeguarding your login information and ensuring that no one else accesses your Account. If you suspect unauthorized use of your Account, you must notify us immediately through the Contact Us Form.
You may not sell or transfer your Account. We reserve the right to cancel or suspend your registration at our sole discretion, for any reason or without reason, at any time.
OWNERSHIP OF MATERIAL ON OUR WEBSITE
All trademarks, service marks, trade names, logos, copyrights, and other intellectual property rights associated with our Website, including its contents, features, and functionality, are either owned by us or licensed to us. These rights are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws, and all rights are reserved. Any use of the Website and its contents, except as expressly authorized herein, is strictly prohibited. All rights not specifically granted herein are reserved by us.
Trademarks, service marks, trade names, logos, and other branding owned by third parties and used or displayed on our Website (collectively, “Third Party Marks”) may be trademarks of their respective owners, who may or may not endorse, affiliate with, or be connected to us. Unless explicitly stated in these Terms or in terms provided by the owner of a Third Party Mark, nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our trademarks or any Third Party Marks displayed on the Website, without the prior written permission of the respective owner. All goodwill generated from the use of our trademarks will benefit us exclusively.
RELIANCE ON INFORMATION AND CONTENT
Our Website is provided to offer general information about us, our business, and the products or services we offer. We do not guarantee the accuracy, completeness, or usefulness of this information. The Website may contain content provided by third parties, including materials from other users and third-party licensors, syndicators, aggregators, and/or reporting services. All opinions expressed in these materials, including articles, responses to questions, and other content, are solely the responsibility of the individuals or entities providing the materials. These opinions do not necessarily reflect our views. We are not responsible or liable for the content or accuracy of any materials provided by third parties.
The content on our Website is not intended to be taken as advice. Any reliance placed on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance on such materials by you or any other Website visitor, or by anyone who may be informed of its contents.
CONTENT ON OUR WEBSITE
The content provided on our Website is intended for your personal, private, and non-commercial use only. You may print or share content from our Website for lawful, personal, private, and non-commercial purposes. Any other use, such as extracting, reproducing, modifying, creating derivative works, publicly displaying, performing, republishing, downloading, storing, transmitting, or distributing the content from our Website, requires our prior written consent, except for the following:
Your computer may temporarily store copies of the materials in RAM while you access and view them.
You may store files that are automatically cached by your Web browser for the purpose of enhancing display.
You may print or download a reasonable number of pages from the Website for your own personal, non-commercial use, provided you do not further reproduce, publish, or distribute the materials.
If we offer desktop, mobile, or other downloadable applications, you may download one copy to your device for personal, non-commercial use, in compliance with the terms of the end user licence agreement.
You are not permitted to:
Alter any copies of the materials from this Website.
Use any illustrations, photographs, video, or audio content, or graphics independently from the accompanying text.
Remove or modify any copyright, trademark, or other proprietary rights notices from the materials.
You are prohibited from using the Website or its services for any commercial purposes. If you violate these Terms by printing, copying, modifying, downloading, or sharing materials from the Website in a manner not allowed, your right to use the Website will terminate immediately. You may be required to return or destroy any copies of the materials. No rights to the Website or its content are transferred to you, and we retain all rights not explicitly granted. Unauthorized use of the Website may infringe upon copyright, trademark, and other laws.
PROHIBITED USES OF OUR WEBSITE
Without our prior written consent, you must not access, interfere with, damage, or disrupt the Website, its systems, any hardware, equipment, or networks on which it is hosted, or any software used to create or manage the Website.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not use the Website for any of the following:
For unlawful purposes or in violation of applicable local, national, or international laws and regulations.
For fraudulent activities.
To conduct any unauthorized advertising, marketing, or unsolicited communications, or to spam or promote goods or services not approved by us.
To upload, host, or transmit harmful software, including viruses, malware, spyware, worms, Trojan horses, or other malicious code that could damage the Website or users' devices.
To exploit, harm, or attempt to harm minors in any way.
To engage in any conduct that could limit or prevent others from using or enjoying the Website or that could harm us or Website users, or expose them to legal risks.
In any manner that violates these Terms or any related documents.
Additionally, you agree not to:
Use the Website in a way that could damage, disable, overburden, or impair its functioning, or interfere with another user's experience.
Use any automated means, such as robots or spiders, to access or copy material from the Website.
Use manual methods to monitor or copy Website content for purposes not expressly allowed in these Terms, without our written consent.
Use any device or software that interferes with the proper operation of the Website.
Introduce harmful software such as viruses, worms, or Trojan horses.
Attempt unauthorized access, damage, or disrupt any part of the Website, its server, or any related systems.
Attack the Website with denial-of-service attacks.
Otherwise, interfere with the Website’s proper operation.
GEOGRAPHIC RESTRICTIONS
The Website is intended for users in Canada. While it may be accessible from other countries, we make no representations about compliance with legal requirements outside of Canada, nor can we guarantee the appropriateness of content for users in other regions. If you access the Website from outside Canada, you do so at your own risk and are responsible for complying with local laws.
LINKS TO OTHER WEBSITES
Our Website may contain links to third-party websites for your convenience. We are not responsible for the content, products, or services on these Linked Sites. These sites have their own terms of use and privacy policies. Accessing Linked Sites may require additional products or services, for which you are responsible for all related costs. We do not endorse or guarantee the accuracy or legality of any content on Linked Sites.
CALLS AND/OR TEXT MESSAGES
By providing your phone number, you consent to receiving calls and/or text messages from us or our agents/affiliates, including automated communications. Consent is not a condition for receiving goods or services, and you may opt-out at any time. Standard message and data rates apply. You can manage your preferences directly from the messages you receive.
PRODUCT PURCHASES
Before placing an order, select your delivery country and preferred currency (all transactions will be processed in USD) to ensure accurate information is displayed. Orders are processed by following the on-screen instructions, and you will receive a confirmation email after submitting your order.
CHANGING YOUR ORDER
Once an order is placed and payment is processed, changes cannot be made. If the items are already shipped, you must follow the cancellation procedure or place a new order for additional items. If you wish to cancel, refer to the cancellation policy.
OUR PRODUCTS
All products are subject to availability and the descriptions provided on the Website. While we take care to ensure accuracy, occasional errors may occur. We reserve the right to correct mistakes and cancel any orders based on inaccuracies.
DELIVERY
For Canadian orders, we will act as the seller of record. For international orders, we partner with a third-party service to handle international deliveries. Shipping details, including charges, will be provided at checkout. Delivery times are estimates and cannot be guaranteed. In case of shipping delays, we may request consent for postponement or cancel the order and refund the amount, including shipping fees.
RIGHT TO CANCEL; NO RETURNS; REFUNDS
All sales are final and non-refundable except in specific cases such as damaged goods. If your product arrives damaged, contact us within 48 hours to initiate a refund. Refunds will be processed to the original payment method.
We strive to provide excellent customer service and ensure a smooth ordering experience. We reserve the right to cancel and refund any order at our discretion. This may include cases of suspected fraud, inappropriate or abusive communication, or other circumstances that impact our ability to fulfill an order.
For any questions about refunds, cancellations, or order issues, please contact our team.
OUR ONLINE STORE
Our online store is powered by Shopify Inc. (“Shopify”), which provides us with the platform to sell our products. Shopify handles the processing of your orders and payments. By placing your order, you authorize Shopify to process your purchase.
Your data is stored securely through Shopify’s data storage and databases, protected by firewalls. For further details, please review our Privacy Policy. We also encourage you to read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
PRICE & PAYMENT
The price of the product will be the amount shown in the confirmation email sent after your order is completed. While we strive to ensure accuracy, there may be occasional pricing errors.
Product prices on the website are listed in U.S. Dollars. Prices may vary, and shipping and handling fees, as well as applicable sales taxes, are not included in the product price. You are responsible for any local taxes, which will be calculated at checkout. International orders may also be subject to foreign exchange fluctuations.
If you pay with a card in a different currency from the one used for your order, additional fees and exchange rate differences may apply, which are beyond our control.
Local import duties and other charges may be applicable, depending on the delivery destination. You are responsible for any import duties and clearance fees, and you should check with local authorities for details.
Payment methods are available during checkout. By placing your order, you authorize us and Shopify to share or retrieve information from third parties, including performing verification checks related to your payment method, to confirm your identity.
You confirm that (i) the credit card details you provide are accurate and complete, (ii) you are authorized to use the card, (iii) your card company will honor the charges, and (iv) you will pay all costs, including shipping, handling, and taxes, regardless of the total displayed at checkout.
International orders are subject to Global-e’s terms and conditions and privacy policy. These may be updated periodically, and for further details, see Section 16 regarding delivery, taxes, and additional charges related to international orders.
PRODUCT RESTRICTIONS
Some products may be subject to legal or other restrictions, preventing us from fulfilling your order. In such cases, we will notify you as soon as possible. We are not liable for any products we cannot deliver due to such restrictions.
DISCOUNT CODES
Only one discount code can be used per order. We reserve the right to reject or cancel orders where multiple discount codes are applied. Discount codes are subject to specific terms and conditions, which may include eligibility and maximum order values. In case of any conflict, the promotion terms will prevail.
PROMOTIONS
Occasionally, we may offer promotions or challenges (“Promotions”). Prizes or benefits received through a Promotion cannot be transferred or exchanged. All prizes are awarded "as is" without warranties.
We may modify, terminate, or suspend Promotions at any time and correct errors. Any attempt to undermine a Promotion may result in legal consequences, and we reserve the right to seek damages as allowed by law.
By participating, you release Haute Food Colors from liability related to participation or use of prizes.
DELAYS & EVENTS BEYOND OUR CONTROL
We are not liable for delays or failures caused by factors beyond our control. If such an event occurs, we will notify you. If delays are substantial, you may contact us to cancel and receive a refund for any products not delivered.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude liability where it would be unlawful. If applicable law limits the scope of the following exclusions, they will apply to the maximum extent permitted.
Except as stated, in no event will we (including our affiliates, employees, and agents) be liable to you for any loss, damage (direct, indirect, punitive, actual, consequential, incidental, special, or otherwise), costs, expenses, liabilities, or penalties, arising from:
Your use of our website
Data corruption or loss
Inability to access our website, including interruptions or suspensions
Any reliance on website content
Loss of savings, profits, sales, business, reputation, or opportunity
Any secondary, consequential, or indirect losses
Even if we were advised of the possibility of such damages, you will bear the full cost of repairs or corrections resulting from such issues.
We are not liable for any damage you could have avoided by following our advice, such as applying free updates or following installation instructions.
You acknowledge that we are not responsible for third-party content or harmful conduct, and you bear the full risk.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses arising from your use of the website, breach of these Terms, violation of third-party rights, or any unlawful activity you engage in. You will cooperate fully in defending any claim, and we reserve the right to assume exclusive control over any matter requiring indemnification.
DISCLAIMERS
To the maximum extent allowed by law, all products on this site are provided "as is," without warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
We make no guarantees about the website’s availability, accuracy, or security. You use the website at your own risk.
We are not liable for any content on the website, including errors, omissions, or third-party claims.
AGE RESTRICTIONS
By using the website, you confirm you are at least the age of majority in your state, or you have consent from a guardian if you are under 18. If you are under 13, you are prohibited from using the website.
SUSPENSION AND TERMINATION
We may suspend or terminate your access to the website or modify the website for any reason, including maintenance or business needs, without notice. You may terminate your account at any time.
Termination will not affect provisions that survive termination, such as Indemnification, Liability Limitations, and Governing Law.
NOTICES
We may send notices to you via the website or the email address you provide. You may send notices to us through our Contact Us form or emailing to shop@byhaute.com.