Terms of service

OVERVIEW

Welcome to Nestlyva! The terms “we,” “us,” and “our” refer to Nestlyva. Nestlyva operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Nestlyva uses the Shopify platform, which enables us to provide the Services to you.

The terms and conditions below, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is displayed or represented in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Nestlyva reserves the right to accept or decline your order for any reason, at its discretion. Your order is not considered accepted until Nestlyva provides written confirmation. We must receive and process your payment before your order is confirmed.

Please review your order carefully before submitting it, as Nestlyva may not be able to accommodate cancellation requests once an order has been confirmed. If we decline, modify, or cancel your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to the applicable return or exchange terms set out in our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions relating to our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) the charges you incur will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the displayed prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, audio content, and their design, selection, and arrangement, are the exclusive property of Nestlyva, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent.

Except as expressly provided in these Terms, nothing herein shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of Nestlyva, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by Nestlyva.

The Nestlyva name, logos, product and service names, designs, and slogans are trademarks of Nestlyva, its affiliates, or its licensors. You may not use them without Nestlyva’s prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties through the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve the terms under which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim any liability for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through such websites. We encourage you to carefully review third-party policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

Nestlyva is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made through our Store is made directly with Nestlyva. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nestlyva, including any injury, damage, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or relating to your purchase and transaction with Nestlyva.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, in order to provide the Services to you.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.

We are and shall be under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, data protection, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of Nestlyva, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “spam,” “chain letters,” “junk mail,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that, as determined by us, may harm Nestlyva, Shopify, users of the Services, or expose any of them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, or pretexting through the Services; (e) use robots, spiders, scraping, data gathering or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or defeat any security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may operate on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have instructed that Agent not to access, use, or interact with any Service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully respond to any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agents’ access to, use of, or interactions with the Services.

SECTION 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties regarding the consequences arising from the use of this information by you, any other visitor to the Services, or any person informed of their content. EXCEPT AS EXPRESSLY STATED BY NESTLYVA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON‑INFRINGEMENT. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other warranties, so this exclusion may not apply to you.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NESTLYVA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nestlyva, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, owed to a third party and arising from (1) your breach of these Terms of Use or of the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any claim covered by this indemnity, provided that failure to promptly notify you does not relieve you of your obligations unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non‑monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Use, along with any policies or usage rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, previous versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to assign without authorization shall be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Use, as well as any separate agreement under which we provide you with the Services, shall be governed and interpreted in accordance with federal laws and the laws of the states or territories of the courts having jurisdiction in the location where Nestlyva has its registered office. You and Nestlyva expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 – HEADINGS

The headings used in this agreement are included for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 – CHANGES TO THE TERMS OF USE

You may review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically review our site for any changes. We will inform you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at: contact@nestlyva.ca. Our contact details are listed below:
NESTLYVA
Email: contact@nestlyva.ca
Website: nestlyva.ca