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Terms & Conditions

Terms and Conditions

Last Updated: July 7, 2026

Welcome to Instantwhip Foods, Inc. ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at www.instantwhip.com (the "Website"), including any information, services, products, or content made available through the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

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1. Use of the Website

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Website in any manner that violates applicable laws or regulations.

  • Attempt to gain unauthorized access to any portion of the Website or its systems.

  • Interfere with or disrupt the operation of the Website.

  • Upload or transmit any malicious software, viruses, or harmful code.

  • Use the Website to engage in fraudulent, misleading, or deceptive activities.

We reserve the right to suspend or terminate access to the Website for any user who violates these Terms.

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2. Products and Services

The Website may provide information regarding food products, ingredients, distribution services, pricing, promotions, and availability.

All product descriptions, specifications, pricing, and availability are subject to change without notice. We reserve the right to:

  • Modify or discontinue products or services at any time.

  • Correct typographical, pricing, or product description errors.

  • Limit quantities available for sale or distribution.

  • Refuse service or orders at our sole discretion.

Product availability may vary by location and distribution area.

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3. Orders and Accounts

Certain features of the Website may require users to create an account or submit order information.

You agree to:

  • Provide accurate and complete information.

  • Maintain the confidentiality of your login credentials.

  • Promptly update account information as necessary.

  • Accept responsibility for activities occurring under your account.

We reserve the right to reject, cancel, or limit any order for any reason, including pricing errors, inventory limitations, or suspected fraudulent activity.

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4. Pricing and Payment

All prices displayed on the Website are subject to change without notice.

Unless otherwise specified:

  • Prices are exclusive of applicable taxes, shipping, delivery, and handling charges.

  • Payment terms are subject to approved credit arrangements or other agreements between the customer and Company.

  • Customers are responsible for all applicable taxes, fees, and governmental charges.

Failure to make timely payment may result in suspension of services, cancellation of orders, or other remedies available under applicable law.

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5. Delivery and Risk of Loss

Delivery dates provided by the Company are estimates only and are not guaranteed unless otherwise agreed in writing.

Risk of loss and title to products pass to the customer in accordance with the applicable sales agreement, invoice terms, or delivery terms established by the Company.

Customers are responsible for inspecting products upon delivery and reporting shortages, damages, or discrepancies within the timeframe specified by Company policy.

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6. Food Safety and Product Information

We strive to provide accurate product information; however, product formulations, ingredients, nutritional values, allergens, and packaging may change without notice.

Customers should:

  • Review product labels prior to use.

  • Follow all storage, handling, and preparation instructions.

  • Verify allergen information independently before serving products to consumers.

The Company is not responsible for customer misuse, improper storage, or failure to follow product instructions.

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7. Intellectual Property

All content on the Website, including text, graphics, logos, images, product descriptions, trademarks, service marks, software, and other materials, is owned by or licensed to the Company and is protected by applicable intellectual property laws.

You may not:

  • Copy, reproduce, distribute, modify, or create derivative works from Website content without prior written permission.

  • Use Company trademarks or branding without authorization.
     

8. Third-Party Links

The Website may contain links to third-party websites for your convenience.

We do not control, endorse, or assume responsibility for the content, policies, or practices of third-party websites. Access to third-party sites is at your own risk.

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9. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • NON-INFRINGEMENT; AND

  • ACCURACY OR COMPLETENESS OF WEBSITE CONTENT.

We do not guarantee uninterrupted, error-free, or secure access to the Website.

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10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

  • USE OF OR INABILITY TO USE THE WEBSITE;

  • WEBSITE INTERRUPTIONS OR ERRORS;

  • LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;

  • PRODUCT AVAILABILITY ISSUES; OR

  • RELIANCE ON INFORMATION PROVIDED THROUGH THE WEBSITE.

THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY THE USER FOR ACCESSING THE WEBSITE OR RELATED SERVICES.

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11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, affiliates, and agents from and against any claims, damages, losses, liabilities, costs, or expenses arising from:

  • Your use of the Website;

  • Your violation of these Terms; or

  • Your violation of any applicable law or third-party rights.

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12. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

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13. Termination

We reserve the right to suspend or terminate access to the Website at any time, without notice, for conduct that we believe violates these Terms or otherwise may be harmful to the Company or other users.

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14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.

Any legal action arising out of these Terms or the use of the Website shall be brought exclusively in the state or federal courts located in Franklin County, Ohio.

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15. Changes to These Terms

We may update these Terms at any time by posting revised Terms on the Website. Changes become effective upon posting unless otherwise stated.

Continued use of the Website following the posting of revised Terms constitutes acceptance of those changes.

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