Terms of service
Terms of Service
OVERVIEW
Welcome to Amazing Matcha! The terms "we", "us" and "our" refer to Civica Prax LLC, operating the Amazing Matcha store. Amazing Matcha 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"). Amazing Matcha is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, 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 of the 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 of your account activity. You may not transfer, sell, assign, or license your account to any other 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 due to your device and display settings.
Our products are printed on demand. Minor variations in print placement, color, and appearance may occur as part of the production process.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your subjective expectations or be identical to images displayed on our website. Nothing in this section limits your rights regarding defective, damaged, or incorrectly supplied merchandise.
Product descriptions are subject to change without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Amazing Matcha reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Amazing Matcha confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Amazing Matcha may be unable to accommodate cancellation requests once production begins.
If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.
Your purchases are subject to our Return & Refund Policy.
You represent and warrant that your purchases are for your own 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 appear in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.
We may offer promotions governed by separate terms and conditions. If those terms conflict with these Terms, the promotional terms will govern for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information.
You represent and warrant that you are authorized to use the payment method provided and that you will pay all applicable charges, including shipping and taxes.
SECTION 5 - SHIPPING AND DELIVERY
All products are made to order. Production and shipping estimates are provided for informational purposes and are not guaranteed delivery dates.
Delivery may be affected by production schedules, carrier delays, weather, holidays, and other circumstances outside our reasonable control.
We will provide available tracking information when your order ships.
If an order is lost, damaged, or incorrectly delivered, please contact us at hello@amazingmatcha.com so we can investigate and determine an appropriate resolution.
Nothing in this section limits rights or remedies available under applicable consumer protection laws.
Please see our Shipping Policy for additional information.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, video, audio, and the design, selection, and arrangement thereof, are owned by Amazing Matcha, Civica Prax LLC, or their respective licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit materials from the Services without prior written permission, except as permitted by law.
Nothing in these Terms grants a license or other rights under any trademark, copyright, patent, or other intellectual property belonging to Amazing Matcha, Shopify, or any third party.
All rights not expressly granted are reserved.
Amazing Matcha's names, logos, product designs, and slogans are proprietary branding elements. All other trademarks remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties that we do not monitor or control.
Such tools are provided "as is" and "as available" without warranties, representations, or conditions of any kind, to the extent permitted by law.
Your use of optional third-party tools is at your own risk and discretion. You should review the terms applicable to those tools.
We may offer additional features or resources in the future. Such features will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and 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 leave our Services to access third-party websites, you do so at your own discretion.
We are not responsible for third-party products, services, resources, or content except where applicable law provides otherwise.
Please review the relevant third party's policies before engaging in transactions with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Amazing Matcha 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 Amazing Matcha. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Amazing Matcha, 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 Amazing Matcha.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve those Services.
Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located in other countries, as described in our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for lawful business purposes.
You represent that you own or possess the necessary rights to submit such Feedback and that it does not violate applicable laws or the rights of third parties.
We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.
You are responsible for the accuracy and legality of Feedback you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct such errors and update information without prior notice.
If an error affects an order you have placed, we may contact you to explain the correction, offer an appropriate resolution, or cancel and refund the order where permitted by law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate laws, infringe intellectual property rights, harass or threaten others, transmit malicious software, impersonate another person, distribute spam, provide fraudulent information, or otherwise interfere with the operation or security of the Services.
You may not reproduce, duplicate, copy, extract, sell, resell, or exploit the Services or their content without authorization.
You may not use unauthorized automated systems, scraping tools, or software agents to access or interfere with the Services in violation of these Terms or applicable law.
We reserve the right to suspend or terminate access when we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behavior and interaction patterns or circumventing CAPTCHAs; (iii) respond truthfully to questions seeking to determine whether interactions are coming from a human or computer; and (iv) not circumvent measures intended to block, limit, modify, or control Agent access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, in accordance with applicable law, if you violate these Terms or engage in fraudulent, abusive, or unlawful conduct.
You remain responsible for amounts lawfully due before termination.
Provisions that by their nature should survive termination, including intellectual property, limitations of liability, indemnification, and governing law, will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes.
Except as expressly stated by Amazing Matcha or required by applicable law, the Services and products offered through the Services are provided "as is" and "as available," without warranties or conditions beyond those required by law.
We do not guarantee that access to the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions limit or prohibit certain warranty disclaimers, and these disclaimers may not apply to you.
Nothing in these Terms excludes warranties or consumer protections that cannot legally be excluded.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Amazing Matcha, Civica Prax LLC, their partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of the Services or products purchased through the Services.
This includes, without limitation, lost profits, lost revenue, loss of data, or similar damages, regardless of the legal theory asserted, to the extent such limitations are permitted by law.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Amazing Matcha, Civica Prax LLC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from your breach of these Terms, violation of applicable law, or infringement of third-party rights, to the extent permitted by law.
We will provide reasonable notice of indemnifiable claims and may participate in or control the defense and settlement of such claims, subject to applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law or severed as necessary.
The remaining provisions shall remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with the policies and operating rules referenced herein, constitute the entire agreement between you and Amazing Matcha concerning the Services, except as otherwise required by applicable law.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms in connection with a lawful business transfer, merger, reorganization, or sale, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Subject to applicable consumer protection laws and mandatory jurisdictional requirements, disputes arising from these Terms shall be brought before courts of competent jurisdiction in Florida.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect their interpretation.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting revisions to our website.
We will provide notice of material changes where required by applicable law.
Changes will take effect on the date specified in the applicable notice or, where permitted, upon publication.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Amazing Matcha
Operated by Civica Prax LLC
Email: hello@amazingmatcha.com
Business address: [INSERT BUSINESS MAILING ADDRESS]
Business phone: [INSERT BUSINESS PHONE NUMBER, IF APPLICABLE]
Additional contact information is available through our website's Contact page.