TERMS OF SERVICE
By using www.cocoagraph.com, you (“User”) agree to the following Terms and Conditions of use. If you do not agree with these Terms and Conditions, please do not use this Website as, in the event you choose to continue, it will be considered that you have read and agree to these Terms of Service and Conditions.
Cocoagraph is not responsible for damaged or melted chocolates due to transit issues. Please consider the time of year you are ordering and the temperature at the delivery location. We ship with ice packs in the summer months via USPS Priority service but cannot guarantee that your contents will arrive undamaged. Please consider shipping to an office location or place of business if the recipient will not be available at the delivery address. Ordering chocolate in a warm climate is “at your own risk”. COCOAGRAPH CHOCOLATES ARE HANDCRAFTED, TO ORDER. IT MAY TAKE BETWEEN 5-7 BUSINESS DAYS TO HAND MAKE YOUR ORDER PLUS ADDITIONAL SHIPPING TIME. WE DO NOT OFFER REFUNDS IF THE CUSTOMER EXPECTED THE ORDER TO ARRIVE EARLIER THAN THIS WINDOW.
Cocoagraph owns the content, design, data, and programming for this Website (the “Content”). The Content is protected by law. You may download material displayed on the Website for non-commercial, personal use only, provided you do not remove or alter any copyright and other proprietary notices contained in the materials, except as expressly permitted on our site. The Content may not be copied, modified, redistributed or republished, in whole or in part, for public or commercial purposes without the express written consent of Cocoagraph.
This is only limited by the internet itself as we can’t insure that the website will function 100% of the time due to outages, power, storms, ISP’s etc… there are many variables of the World Wide Web. Cocoagraph is constantly monitoring our services via our network support team, hosting partner, as well as our customer support uses the site daily. Normally, if you are not able to access, we are already working to resolve the issue.
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” Cocoagraph DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE CONTENT OR MATERIAL IN THIS WEBSITE, ANY OF THE DATA LINKED TO THIS WEBSITE, ANY DATA ON THIS WEBSITE OR ANY OTHER SERVICE PROVIDED HEREIN. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED. Cocoagraph DOES NOT WARRANT THAT THE CONTENT, FILES, DATA, MATERIAL, ACCESS OR ANY COMBINATION OF THEM ARE FREE FROM ERRORS, VIRUSES OR INACCURACIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL Cocoagraph BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF ITS WEBSITE, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OR OTHER SPECIAL, INCIDENTAL, INDIRECT, DIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF Cocoagraph HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cocoagraph reserves the right to refuse service to anyone or any business with or without reason.
Cocoagraph further reserves the right to introduce new features, functionalities and/or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these terms and conditions, unless otherwise stated by Cocoagraph. The User agrees to the effect that such action may have on his ability to use the website and hereby agree that in no event shall Cocoagraph be liable to the User or any third parties for any inability to use the website, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage arising therefrom or occasioned thereby or for the results obtained from the User’s use of the website.
The User agrees not to reverse engineers, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Service, its communication protocol or any information available on, derived or extracted in relation to the Service other than as allowed under these terms and conditions.
ACCEPTABLE USE OF POLICY
This Website is intended to act as a resource tool only. The User may not use the Website to make any speculative, false or fraudulent Requests or Offers, whether or not in anticipation of demand. The User represents that the User has sufficient authority and is of sufficient legal capacity to create binding legal obligations for any liability the User may incur as a result of the User’s use of the Website. The User is solely responsible for all information provided to Cocoagraph. The User warrants and agrees that the User has all rights, including all copyrights, or has obtained all necessary third party copyright or trademark licenses and permissions in relation to “Your Information”.
The User shall not use the Website for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, imposturing, fraud, forgery, electronic trespass, hacking and system contamination including without limitation, use of viruses, worms and Trojan Horses causing unauthorized damage or harmful access and/or retrieval of information.
The User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. Each User shall not undermine or attempt to undermine the security or integrity of the computer systems or networks used by Cocoagraph and/or any user of the Website and shall not attempt to gain unauthorized access to such computer systems or networks. The User shall not use the Website for any illegal purposes or in support of any illegal purpose or activity. Each User hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business referees as may be required by Cocoagraph; and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.
Each User agrees to indemnify Cocoagraph, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the User’s use of the Website or from such User’s breach of these terms and conditions.
Each User further agrees that Cocoagraph is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User.
Each User represents, warrants and agrees that it shall not use the Website for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, eavesdropping, imposturing or spamming other users, harassment, fraud, forgery, electronic trespass, hacking, system contamination including without limitation use or viruses, worms and Trojan horses causing unauthorized damaging or harmful access and/or retrieval of information.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and damages; therefore, part of the provisions above may not apply to you.