Terms of service

OVERVIEW

Welcome to Foody. These Terms of Service are entered into between you and AEROMIQ CORP, which operates the Foody brand and website. “Foody,” “we,” “us,” and “our” refer to AEROMIQ CORP and, where applicable, its affiliates.

AEROMIQ CORP operates this website and online store, including the related information, content, features, tools, products, and services (collectively, the “Services”). Shopify provides the ecommerce platform that enables us to offer the Services.

These Terms of Service, together with all policies incorporated by reference, govern your use of the Services. By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

SECTION 1 - ACCESS, ELIGIBILITY, AND INFORMATION

You must be at least 18 years old or the age of majority in your jurisdiction of residence, whichever is greater, to create an account or make a purchase through the Services.

You agree that information you provide through the Services, including contact, billing, shipping, and order information, will be accurate, current, and complete. You may not use another person’s information without authorization.

If customer accounts are enabled in the future, you will be responsible for safeguarding login credentials, promptly updating account information, and notifying us of suspected unauthorized use. We may suspend or close an account where reasonably necessary to protect the Services, prevent misuse, or enforce these Terms.

SECTION 2 - PRODUCTS, PRODUCT INFORMATION, AND SAFETY

We make reasonable efforts to display product colors, appearance, dimensions, and packaging accurately. However, actual appearance may vary due to screen settings, manufacturing tolerances, packaging updates, or other factors. Product descriptions, availability, packaging, and specifications may be updated, but changes will not alter rights or obligations relating to a completed transaction except as permitted by law.

Fragrance perception varies by person and environment. Any fragrance description is intended to communicate the general scent character and is not a guarantee that every customer will perceive the fragrance in the same way.

Product safety

· Keep out of reach of children and pets.

· Do not ingest.

· Avoid direct contact with eyes and skin. If contact occurs, rinse with water and seek appropriate medical advice if irritation persists.

· Do not open, puncture, modify, or misuse the fragrance refill.

· Keep fragrance refills away from flame, ignition sources, excessive heat, and prolonged direct sunlight.

· Use only as directed and with compatible Foody components.

Vehicle use

· Secure the product properly before driving.

· Do not install or place the product where it may obstruct the driver’s view, interfere with vehicle controls, block airflow needed for safe operation, or interfere with airbags or other safety equipment.

· Do not attempt to adjust, install, remove, or handle the product in a way that distracts you while driving.

Surface protection and abnormal conditions

· Fragrance material may damage certain finished surfaces and plastics. Avoid direct contact between fragrance material or fragrance-containing components and vehicle surfaces.

· Extra care should be taken around leather, suede, painted, coated, polished, or other delicate or finished surfaces.

· Wipe up transferred or spilled fragrance material immediately using a method appropriate for the affected surface.

· Stop using the product if a refill leaks, becomes damaged, or shows abnormal changes.

To the fullest extent permitted by applicable law, Foody is not responsible for staining, discoloration, or surface damage resulting from misuse, improper installation, failure to follow product instructions, or allowing fragrance-containing components to come into direct contact with surfaces. Nothing in these Terms limits rights or remedies that cannot legally be excluded.

SECTION 3 - ORDERS

An order submitted through the Services is an offer to purchase. We may accept, decline, limit, or cancel an order for reasons including product availability, suspected fraud, pricing or product-information errors, shipping restrictions, or violation of these Terms. An order is confirmed when we send an order confirmation or otherwise indicate acceptance.

If we cancel an order after payment has been processed, we will issue a refund to the original payment method, subject to applicable processing times.

Returns and refunds are governed by our Refund Policy. Purchases are intended for personal use and may not be purchased for unauthorized resale or other commercial purposes without our written permission.

SECTION 4 - PRICES, TAXES, AND BILLING

Prices, promotions, and availability may change before an order is completed. The price charged will be the price displayed and accepted at checkout, subject to correction of obvious errors as permitted by law. Applicable taxes, shipping fees, and other charges will be shown at checkout unless otherwise stated.

You agree to provide accurate billing and payment information and authorize AEROMIQ CORP and its payment processors to charge the selected payment method for amounts shown at checkout. Full payment-card details are generally processed directly by payment providers rather than stored by Foody.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates and are not guaranteed. Delays may occur because of carriers, weather, incorrect addresses, peak periods, service interruptions, or events beyond our reasonable control.

Title and risk of loss transfer as provided by applicable law. If your order is lost, damaged, or marked as delivered but not received, please contact us promptly so that we can review the matter with the carrier in accordance with our Shipping Policy.

Processing times, delivery estimates, lost or damaged packages, incorrect addresses, refused delivery, shipping destinations, and applicable contact deadlines are described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their content, including branding, names, logos, text, graphics, photographs, videos, product designs, packaging, software, and other materials, are owned by or licensed to AEROMIQ CORP, its affiliates, or their respective licensors and are protected by intellectual property laws.

Except as expressly permitted in writing, you may not copy, reproduce, modify, distribute, sell, license, create derivative works from, publicly display, commercially exploit, or otherwise use the Services or their content. No right, title, or interest is transferred to you by your use of the Services.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or integrations that we do not own or control. Your use of those tools may be subject to separate third-party terms and privacy policies. To the fullest extent permitted by law, third-party tools may be provided “as is” and “as available,” but nothing in this section limits responsibilities that cannot legally be excluded or our obligations concerning providers we select to process personal information as described in our Privacy Policy.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to independent third-party websites or services. We do not control and are not responsible for their content, availability, security, or independent practices. Your use of an independent third-party service is governed by that third party’s terms and privacy policy.

SECTION 9 - SHOPIFY RELATIONSHIP

Shopify provides the ecommerce platform that enables us to offer the Services. All purchases made through the Services are transactions between you and AEROMIQ CORP. Shopify is not the seller of Foody products, although Shopify may provide ecommerce, checkout, payment, fraud-prevention, and other platform services.

SECTION 10 - PRIVACY AND MARKETING COMMUNICATIONS

Our handling of personal information is described in our Privacy Policy. Please review it to understand how personal information is collected, used, and disclosed.

If you subscribe to marketing emails, we may send product launches, promotions, brand updates, and other marketing communications. If you join a specific product waitlist, we may send updates relating to that product. Cart reminder communications may be sent where permitted and based on your interaction with our store. Transactional communications, including order confirmations, payment notices, and shipping updates, may be sent as necessary to complete a transaction or provide requested services.

You may unsubscribe from marketing emails by using the unsubscribe link in a message. SMS marketing, if introduced, will require separate disclosures and consent as applicable.

SECTION 11 - FEEDBACK AND USER SUBMISSIONS

If you submit feedback, ideas, suggestions, reviews, photographs, or other content to us, you represent that you have the right to submit the material and that it does not violate law or third-party rights. You grant AEROMIQ CORP a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, display, distribute, and otherwise use the submitted material for operating, improving, and promoting the Services, subject to applicable law and our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, availability, shipping charges, or delivery estimates. We may correct errors and update information. If an error affects a submitted order, we may contact you, offer available options, or cancel and refund the affected order as appropriate and permitted by law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not:

· Use the Services for fraud, deception, unlawful activity, harassment, or infringement of another person’s rights.

· Upload or transmit malicious code, viruses, or harmful material.

· Attempt unauthorized access to accounts, systems, networks, or data.

· Interfere with the operation, security, or integrity of the Services.

· Scrape, crawl, harvest, or extract data through automated means except as expressly permitted.

· Circumvent access controls, security measures, purchase limits, or other restrictions.

· Use the Services or content to create a confusingly similar product, service, or brand, or otherwise misuse Foody intellectual property.

We may restrict or terminate access where reasonably necessary to address prohibited use, protect the Services or others, or comply with law.

SECTION 14 - TERMINATION

You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, misuse the Services, create risk or legal exposure, or where suspension is otherwise reasonably necessary. Provisions that by their nature should survive termination will remain in effect, including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and accrued payment obligations.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not warrant that the website will always be uninterrupted, error-free, or free from harmful components. Product warranties, if any, are limited to those expressly provided with the product or required by law. Nothing in these Terms excludes warranties, consumer guarantees, or remedies that cannot legally be excluded.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, AEROMIQ CORP and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the Services, except to the extent such liability cannot legally be limited. Nothing in these Terms limits liability for fraud, willful misconduct, personal injury caused by negligence where such limitation is prohibited, or any other liability that cannot legally be excluded or limited.

SECTION 17 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AEROMIQ CORP, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against claims, liabilities, damages, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

1. your breach of these Terms;

2. your unlawful, fraudulent, or unauthorized use of the Services;

3. your violation of any applicable law or the rights of another person; or

4. any content or information you submit through the Services.

You agree to reasonably cooperate in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you may not settle any such claim without our prior written consent.

SECTION 18 - SEVERABILITY

If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed, and the remaining provisions will remain in effect.

SECTION 19 - ENTIRE AGREEMENT

These Terms and the policies incorporated by reference constitute the entire agreement between you and AEROMIQ CORP regarding the Services and supersede prior or contemporaneous communications relating to the same subject matter, except for any separate written agreement that expressly states it controls.

SECTION 20 - GOVERNING LAW AND DISPUTE RESOLUTION

We want to address your concerns without the need for formal legal proceedings. Before filing a claim against AEROMIQ CORP relating to these Terms or the Services, you agree to first contact us at foodyofficial@foodyaroma.com and provide a description of the dispute and the resolution you are requesting.

We will attempt to resolve the dispute informally by contacting you using the information you provide. If the dispute is not resolved within 30 days after we receive your notice, either you or AEROMIQ CORP may commence a formal legal proceeding.

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except where otherwise required by applicable law.

Except where applicable law permits or requires otherwise, any judicial proceeding relating to these Terms or the Services must be brought in the state courts located in Mercer County, New Jersey, or in the United States District Court for the District of New Jersey, as applicable. You and AEROMIQ CORP consent to the personal jurisdiction and venue of those courts.

Nothing in these Terms limits any consumer rights or remedies that cannot be waived under applicable law.

SECTION 21 - NO WAIVER

No failure or delay by us in exercising any right under these Terms constitutes a waiver of that right. A waiver is effective only if it is in writing and signed by an authorized representative of AEROMIQ CORP.

SECTION 22 - CHANGES TO THESE TERMS

We may update these Terms from time to time. The revised Terms will identify the effective date. Where required by law or appropriate for material changes, we may provide additional notice. Changes apply prospectively from the stated effective date. Terms in effect at the time of a completed transaction will continue to govern that transaction unless otherwise required by law.

SECTION 23 - CONTACT INFORMATION

For questions regarding these Terms, customer service matters, or legal notices, contact:

AEROMIQ CORP
7 Trumbull Ct
Princeton, NJ 08540
United States
foodyofficial@foodyaroma.com
Website contact page: Contact Us