Terms Of Service

Last Modified: December 19, 2024

These Terms and Conditions ("Terms") govern your use of the websites, services, and products offered by AHYKA Coffees ("we," "us," "our," or "AHYKA Coffees"). By accessing or using our websites and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using our websites and services.

If you have any questions regarding these Terms, please contact us here.

1. Acceptance of Terms

By accessing, browsing, or using the websites and services (collectively referred to as "Sites") provided by AHYKA Coffees, you acknowledge that you have read, understood, and agree to be bound by these Terms and all other policies or guidelines referenced within. These Terms apply to all users of the Sites, including but not limited to users who are browsers, vendors, customers, merchants, and contributors of content.

If you use the Sites on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these Terms, and by doing so, both you and the person or entity agree to be bound by these Terms.

2. Changes to Terms

We reserve the right to update, amend, or modify these Terms at any time, and such modifications will become effective immediately upon posting on the Sites. The "Last Modified" date at the top of this page will reflect the most recent version of the Terms. It is your responsibility to regularly review these Terms for any changes. By continuing to use the Sites after any modifications to these Terms, you accept and agree to the updated Terms.

If we make any significant changes that affect your rights, we will provide notice via email or through an announcement on the Sites.

3. Eligibility

To use the Sites, you must be at least 18 years old. The Sites are not intended for individuals under the age of 18, and we do not knowingly collect or solicit personal information from anyone under 16. If you are under 18 years old, you must have the consent of a parent or guardian to use our Sites.

By accessing or using the Sites, you confirm that:

  • You are at least 18 years of age.
  • You are legally capable of entering into binding contracts.
  • If using the Sites on behalf of another person or entity, you have the legal authority to bind such person or entity to these Terms.

You are fully responsible for all actions taken under your account, whether by you or someone else. If you use the Sites on behalf of a business or any other legal entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity, and you and the entity will be held jointly and severally liable for compliance with these Terms.

4. Account Registration and Security

To access certain features or services of the Sites (such as making purchases, subscribing to services, or posting User Content), you may be required to create an account. You agree to provide true, accurate, and complete information when creating an account and to update this information as necessary.

You are responsible for:

  • Maintaining the confidentiality of your account login details, including your username and password.
  • Restricting access to your computer or device to prevent unauthorized access to your account.
  • Not sharing your account information with third parties.

If you believe that your account has been compromised or unauthorized access has occurred, you must notify us immediately. AHYKA Coffees is not responsible for any loss or damage resulting from unauthorized access to your account due to your failure to secure your account.

5. User Content

The Sites may allow you to post, upload, submit, or share content, including but not limited to photos, videos, text, comments, reviews, or other materials ("User Content"). By submitting User Content, you grant AHYKA Coffees a worldwide, royalty-free, irrevocable, non-exclusive, sublicensable license to use, display, distribute, reproduce, modify, adapt, publish, translate, or otherwise exploit your User Content for any lawful purpose, including but not limited to marketing, advertising, and product development, in any form or medium now known or later developed.

You Represent and Warrant That:

  • You own or control all rights to your User Content and have the right to grant us the license described above.
  • Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
  • Your User Content does not contain illegal, offensive, harmful, or defamatory content and does not violate any applicable laws or regulations.
  • Your User Content is not intended to harass, harm, defame, or infringe on the rights of others.

User Content Guidelines:

  • You may not post or share any User Content that is unlawful, offensive, defamatory, invasive of privacy, harassing, threatening, or infringes on the rights of others.
  • You may not post or share any User Content that contains viruses, malware, or other harmful components that could damage or impair the functionality of the Sites.

Removal of User Content:

Although we do not have an obligation to monitor or review User Content, AHYKA Coffees reserves the right to delete or remove any User Content at our sole discretion, for any reason, including if we believe it violates these Terms or is otherwise inappropriate.

6. Feedback

You may, from time to time, provide feedback, suggestions, or other communications ("Feedback") regarding the Sites, products, or services provided by AHYKA Coffees. By submitting Feedback, you grant us a worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, distribute, or otherwise exploit your Feedback for any purpose, including marketing, without compensation or acknowledgment to you.

AHYKA Coffees is not obligated to respond to or use any Feedback you provide. You understand that any Feedback you submit is considered non-confidential, and we are free to use it for any purpose, commercial or otherwise, without your consent.

7. Subscription Services

If you sign up for a subscription service offered by AHYKA Coffees (such as a coffee subscription), you agree to the following terms:

  • Billing and Charges: Subscription fees will be billed on the schedule specified at the time of sign-up (e.g., monthly, quarterly). You authorize us to charge your payment method for recurring subscription fees. If the payment is unsuccessful, we may suspend or cancel your subscription until payment is successfully processed.
  • Cancellations and Pauses: You may cancel your subscription at any time by logging into your account or contacting customer support. You will not be charged for any subsequent billing cycles if you cancel before the next charge date. You may also pause your subscription at any time. If you pause, your subscription will not renew until you reactivate it.
  • Product Substitutions: In the event a product included in your subscription is unavailable, we reserve the right to substitute it with a comparable product of equal or greater value. You will be notified in advance of any substitution.

8. Shipping and Returns

For details on our shipping and return policies, please refer to our Shipping Policy  and Refund Policy.

9. Payment and Billing Information

By placing an order through the Sites, you agree to provide valid and accurate payment information, including your credit or debit card details. We use third-party payment processors (e.g., Stripe, Shopify payments, etc) to securely process all payments. You authorize AHYKA Coffees and our third-party payment processor to charge your selected payment method for the total order amount, including taxes and shipping fees.

If your payment method is declined, you may be asked to update your payment details. If we are unable to process your payment, your order or subscription may be delayed or canceled.

10. SMS Marketing and Notifications

By providing your phone number and opting in to receive SMS messages from AHYKA Coffees, you consent to receive marketing and transactional messages, including order updates, promotions, and other communications related to your subscription or purchases.

  • Opting Out: You may opt out of receiving marketing messages at any time by replying with "STOP" to any SMS message from us.
  • Message Frequency: Depending on your activity with us, you may receive multiple messages per month. Message and data rates may apply.
  • Help: For assistance, you can reply with "HELP."

We are not responsible for any delays in receiving or errors with SMS messages.

11. Dispute Resolution and Arbitration

In the event of a dispute between you and AHYKA Coffees, we encourage you to contact us directly to resolve the issue informally. If we are unable to reach an agreement, all disputes will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA).

  • Arbitration Process: You and AHYKA Coffees agree to arbitrate any claim or dispute through binding arbitration rather than through a court trial.
  • Class Action Waiver: You agree that any disputes will be resolved individually, and you waive your right to participate in class actions or class-wide arbitration.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Delaware.

13. California Residents

If you are a California resident, you may request a copy of these Terms by emailing us here. You are also entitled to request information about any third parties with whom we have shared your personal information for marketing purposes.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

15. Miscellaneous

  • No Waiver: The failure of AHYKA Coffees to enforce any provision of these Terms does not constitute a waiver of that provision.
  • Electronic Communications: By using the Sites, you consent to receive electronic communications from us, including emails and SMS messages. These communications may include information about your orders, marketing materials, or updates about our products and services.

16. Customer Support

If you have any questions or concerns about these Terms or any services provided by AHYKA Coffees, please contact our customer support team:

  • Email: Using our contact form
  • Mailing Address: WD&F Ventures LLC DBA AHYKA Coffees
    2105 Vista Oeste St NW
    Suite E - 5203
    87120 Albuquerque, New Mexico, US

By using the Sites, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

We reserve the right to modify or update our Terms of Service at any time without notice. Please review this page periodically for any changes.