GIOVANNISHIVE TERMS OF USE
Last Updated: April 20, 2024
Welcome to the Giovannishive.com (“Giovannishive”, “we”, or “us”) operates, hosts, or manages a number of websites, including, without limitation, https://www.giovannishive.com (the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features, and functions that are offered and made available on, through, or using the Site. These Terms constitute a legally binding agreement between you and us.
In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
If you are under 13 years old or the age of majority in your jurisdiction, then you may use the Site only with your parent’s or legal guardian’s permission. By accessing or using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under GH or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
The content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to GIOVANNISHIVE IP, Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to GIOVANNISHIVE IP, Inc. or its affiliates. All software used on this Site (the “Software”) is the property of GIOVANNISHIVE IP, Inc., its affiliates, or its Software suppliers. The Content, the Compilation, and the Software are all protected by GH and international copyright laws. GIOVANNISHIVE.COM, GIOVANNISHIVE.COM THE WEB’S MOST POPULAR BAKERY STORE AND FOOD, THE BAKERY STORE GIOVANNISHIVE.COM (& design), GIOVANNISHIVE, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of GIOVANNISHIVE IP, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at https://www.giovannishive.com/privacy-policy.
INVENTORY AVAILABLE
We do our best to ensure that the product you’re ordering is available at the time of purchase. That said, in some instances product will become unavailable during the order process, and we will not be able to fulfill your order. We make no guarantees on the availability of products as represented on our Site.
PRICES
The price of a product is the price in effect at the time we receive your order. We may change prices from time to time. Occasionally the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped.
Default prices are in Ghanaian. Prices listed on the Site do not include sales tax or delivery charges.
SHIPPING AND DELIVERY
For information on our shipping and delivery policies, please see our Delivery and Return policy and FAQs.
ALL SALES ARE FINAL
Since we sell foods and pastries, all sales are final. No refunds or exchanges will be permitted.
TYPOGRAPHICAL ERRORS
We are not responsible for typographical errors. Although every effort is made to warrant that the information detailed on the Site is accurate, from time to time a typographical error may appear as it applies to, but is not limited to, price, model name, style number, and description. Please accept our apologies for such errors, and we will make corrections as such errors are found. The decision of honoring incorrect pricing, for whatever reason it has occurred, is at our sole discretion and is reviewed on a case-by-case basis. We shall have the right to refuse or cancel any orders placed for pastries listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than Ghana. This Site may contain products or references to products that are not available outside of Ghana. Any such references do not imply that such products will be made available outside Ghana. If you access and use this Site outside the Ghana you are responsible for complying with your local laws and regulations.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please CONTACT US.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or another waiver.
APPLICABLE LAW
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.
DISPUTES
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by us or through Giovannishive.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or another misuse of intellectual property rights.
SEVERABILITY
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
CHANGES
We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
QUESTIONS OR COMMENTS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
https://www.giovannishive.com/contact/
