aubergine, inc.

TERMS OF SERVICE

Items may come in contact with one another during preparation. Although efforts are made to avoid cross-contact of allergens, Aubergine Kitchen does NOT guarantee that cross-contact with allergens will not occur. Even though we offer gluten-free and vegan options, Aubergine Kitchen is NOT a gluten-free and vegan environment.
1. Eligibility. You must be at least 18 years old to use our Services or have parental/guardian consent. By using our Services, you represent that you meet these requirements.
2. Online Ordering & Payment. Prices are listed in U.S. dollars and may change without notice. Payment must be made in full at the time of order unless otherwise specified (e.g., catering deposits). We reserve the right to refuse or cancel any order, including due to product availability, errors in pricing, or suspected fraud.
3. Refunds & Cancellations. In-store purchases: All sales are final unless otherwise stated. Online orders: Cancellations or changes must be made within [X hours] of placing your order. Refunds are issued at our sole discretion. Catering: Separate agreements and cancellation policies apply.
4. Food Allergies & Nutrition Disclaimer. Aubergine Kitchen takes care in preparing food; however: We cannot guarantee that any menu item is completely free from allergens, including but not limited to nuts, dairy, gluten, soy, or shellfish. Nutritional information provided (online or in-store) is approximate and for informational purposes only. By consuming our food, you assume responsibility for managing your dietary needs.
5. Gift Cards & Promotions. Gift cards are redeemable for food and beverages only and cannot be exchanged for cash (except as required by law). Promotions, coupons, and discounts are subject to expiration dates and may not be combined unless explicitly stated.
6. Acceptable Use of Services. When using our website, app, or other Services, you agree not to: Misuse or disrupt the operation of our Services. Use the Services for fraudulent or unlawful purposes. Copy, distribute, or modify content without permission.
7. Intellectual Property. All trademarks, logos, and content (including text, photos, menus, and designs) are the property of Aubergine Kitchen or our licensors. You may not use them without prior written consent.
8. Limitation of Liability. To the fullest extent permitted by law: Aubergine Kitchen shall not be liable for any indirect, incidental, or consequential damages arising from your use of our Services or consumption of our products. Our total liability for any claim shall not exceed the amount you paid for the specific order or service giving rise to the claim.
9. Indemnification. You agree to indemnify and hold harmless Aubergine Kitchen, its employees, officers, and partners from any claims, damages, or expenses arising from your use of our Services, violation of these Terms, or consumption of our products.
10. Third-Party Services. We may link to or integrate with third-party services (such as delivery providers or payment processors). Aubergine Kitchen is not responsible for their content, terms, or actions.
11. Governing Law. These Terms shall be governed by the laws of the State of [Utah] without regard to conflict of law principles. Any disputes shall be resolved in the courts of [Utah County, Utah].
12. Changes to Terms. We may update these Terms at any time. The “Effective Date” above will reflect the most recent version. Continued use of our Services constitutes acceptance of updated Terms.
13. Contact Us. If you have questions about these Terms, please contact us at: care@auberginekitchen.com

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