Terms of service

Overview

Welcome to Priorfood! The terms “we”, “us” and “our” refer to Priorfood. Priorfood operates this store and website, including all related information, content, features, tools, products and services, to provide you, our customer, with a tailored shopping experience (the “Services”). Priorfood is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with all policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to follow these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or visit our Services.

Section 1 – Access and account

By agreeing to these Terms of Service, you represent that you have reached the age of majority in the state or province where you live, and that you have given us your consent to allow your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide information such as your email address, billing, payment and shipping information. 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 it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to another person.

Section 2 – Our products

We have made every effort to accurately represent our products and services in our online stores. However, colours or product appearance may differ from what you see on your screen depending on the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown or described in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue a product at any time and may limit the quantity offered to a person, geographic region or jurisdiction on a case-by-case basis.

Section 3 – Orders

When you place an order, you make an offer to purchase. Priorfood reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Priorfood has confirmed receipt. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as Priorfood may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

Section 4 – Prices and billing

Prices, discounts and promotions may change without notice. The price of a product or service is the price applicable when the order is placed and stated in your email order confirmation. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties or import charges.

Prices in our online stores may differ from prices in physical stores, online stores or other stores operated by third parties. We may occasionally offer promotions on the Services that affect pricing and are governed by terms and conditions different from these Terms. If promotion terms conflict with these Terms, the promotion terms apply.

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 we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are authorised to use the credit card for the purchase, (iii) charges incurred by you will be paid by your credit card company, and (iv) you will pay charges incurred by you at the listed prices, including shipping and handling and all applicable taxes, if any.

Section 5 – Shipping and delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. When we hand the products to the carrier, title and risk of loss transfer to you.

Section 6 – Intellectual property

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Priorfood, its subsidiaries or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for 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 material on the Services without our prior written consent. Unless expressly stated here, nothing in these Terms grants, or shall be construed as granting, any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Priorfood, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Priorfood.

Priorfood’s name, logos, product and service names, designs and slogans are trademarks of Priorfood or its subsidiaries or licensors. You may not use them without Priorfood’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

Section 7 – Optional tools

As part of the Services, you may gain access to customer tools offered by third parties that we neither monitor nor control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We have no liability whatsoever arising from your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms on which the relevant third-party providers make them available.

We may also offer new features through the Services in the future, including new tools and resources. Such features are also part of the Services and subject to these Terms of Service.

Section 8 – Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to visit. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or loss related to your access to third-party websites or your purchase or use of their products, services, resources or content. Please review third-party policies and practices carefully and ensure you understand them before completing a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to that third party.

Section 9 – Relationship with Shopify

[NOTE TO MERCHANT: This section describes Shopify’s relationship with your store and should not be removed or modified.]

Priorfood is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales in our store take place directly with Priorfood. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Priorfood, including harm or loss resulting from purchased products and services. You hereby release Shopify and its subsidiaries from all claims, damages and liabilities arising from or related to your purchases and transactions with Priorfood.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are provided by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you provide through the Services is transferred to and shared with Shopify and third parties that may be located in countries other than the country where you live, to provide the Services to you. Read our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

Section 11 – Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes. For example, we may use this licence to operate, provide, evaluate, improve and market the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives received in connection with providing Feedback, and (iii) your Feedback will comply with these Terms. We have no obligation, and will have no obligation, to (1) keep Feedback confidential, (2) pay compensation for Feedback or (3) respond to Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, or any computer virus or other malicious software that could affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for all Feedback you provide and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

Section 12 – Errors and omissions

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders if any information is inaccurate, without prior notice, including after you have submitted your order.

Section 13 – Prohibited uses

You may use the Services only for lawful purposes. You may not directly or indirectly use the Services: (a) for unlawful or harmful purposes; (b) to violate international, federal, provincial or state rules, laws or local regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate or harm any of our employees or anyone else; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure advertising or promotional material, including junk mail, chain letters, spam or similar advertising; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use of the Services or that, in our judgement, may harm Priorfood, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services or any related website, other websites or the Internet; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any of these Terms.

Section 14 – Termination

We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer 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 15 – Disclaimer of warranties

Information presented on or through the Services is provided for general information only. We do not guarantee that it is accurate, complete or useful. Any reliance on it is entirely at your own risk. We disclaim all liability arising from reliance on such material by you, any visitor to the Services or anyone informed of their content.

EXCEPT AS EXPRESSLY STATED BY PRIORFOOD, THE SERVICES AND ALL 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, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16 – Limitation of liability

TO THE EXTENT PERMITTED BY LAW, PRIORFOOD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 17 – Indemnification

You agree to indemnify, defend and hold harmless Priorfood, Shopify and our subsidiaries, partners, officers, directors, employees, representatives, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees payable to third parties, arising from or related to (1) your breach of these Terms of Service or the documents they reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of indemnifiable claims, provided that a failure to promptly notify you does not relieve you of your obligations unless you have suffered material prejudice. We may control the defence and settlement of such claims at your expense, including the choice of legal counsel, but will not settle a claim that requires non-monetary obligations from you without your consent, which must not be unreasonably withheld. You must cooperate in the defence, including by providing relevant documents.

Section 18 – Severability

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, it shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.

Section 19 – Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and all policies or operating rules we post on this website or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including earlier versions of the Terms of Service.

Any ambiguity in interpreting these Terms of Service shall not be construed against the party that drafted them.

Section 20 – Assignment

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

Section 21 – Governing law

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Priorfood’s headquarters are located. You and Priorfood consent to venue and personal jurisdiction in such courts.

Section 22 – Headings

Headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 23 – Changes to the Terms of Service

You can review the 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 parts of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes in accordance with applicable law, and such changes take effect on the date stated in the notice. Your continued use of or access to the Services after changes are published constitutes acceptance of those changes.

Section 24 – Contact information

Questions about the Terms of Service should be sent to Contact@priorfood.com.

Our contact information is listed below:
Contact@priorfood.com