TERMS & CONDITIONS

  1. In General. iyafoods.com (this “Website”), is owned and operated by Iya Foods LLC, an Illinois limited liability company (“Iya”, the “Company”, “we” or “us”). These Terms and Conditions (these “Terms”) govern your use of the Website and any purchase of products or services (collectively “Services”) via the Website. By using the Website and/or purchasing Services, you are agreeing to all of these Terms, as may be updated by us from time to time in our sole discretion. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  You should check this page regularly to take notice of any changes we may have made to these Terms.

  2. Access. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website in our sole discretion.  The Website may contain links to other websites (the "Linked Sites"), which are not operated by the Company. The Company has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

  3. Prohibited Use.  You agree not to misuse the Website. Specifically, you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website or the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision may constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

  4. Limitation of Liability. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

  5. Intellectual Property.  The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remains the property of Iya or its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
  6. Purchase and Sale of Goods and Services.  By placing an order for Services through the Website, you agree to the terms set forth in the Supply Agreement found here. [Supplier Agreement]

  7. Linking to Website. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  8. Disclaimer as to Ownership of Third Party Trademarks, Images of Personalities, and Third Party Copyrights.  Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Iya and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Iya.

  9. Indemnity. You agree to indemnify, defend and hold harmless Iya, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of these Terms.

  10. Changes.  Iya shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Website.

  11. FOR HIBISCUS FLOWERS SPECIFICALLY - The information given contains typical values based on laboratory and field experience. Our products are sold without any warranty whatsoever whether expressed or directly or indirectly implied. Users should do their own testing and quality control in order to determine the suitability of our products for their particular application.
  12. No Waiver. If you breach these Terms and we take no action, such non-action shall not be deemed or construed as a waiver of our rights under these Terms, and we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  13. Entire Agreement. These Terms, and any other pages or documents referenced or linked to herein, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Iya. Any waiver of any provision of the these Terms will be effective only if in writing and signed by an authorized representative of Iya.