TERMS AND CONDITIONS | MEALINGFUL
1. TERMS OF USE
These Terms and Conditions (hereinafter “Terms”) constitute a complete and legally-binding agreement between you and Mealingful (or referred to as “we” or “us”). You agree that by browsing and using this website (mealingful.hk), you have read, understood and agree to be bound by all these Terms, and any additional terms and conditions and any policies referenced herein, available publicly on our website or accessible by hyperlink. If you do not agree or comply with theseTerms, please discontinue using this website.
2. USE OF THE PLATFORM AND ACCOUNT
We do not warrant or represent that the online Ordering Platform (hereinafter “OrderingPlatform”) shall be secure, timely, uninterrupted, error-free, unencumbered by technical difficulties, defects or viruses at all times. Please understand that the Ordering Platform may be temporarily suspended due to scheduled or regular maintenance, as well as downtimes procured by the internet, electronic communications or events of force majeure, and thereby affect the successful or timely delivery of your instructions to us.
3. OUR SERVICES
Mealingful provides ordering services for you to purchase soft-meal and other goods available on our Ordering Platform (hereinafter collectively referred to as “Goods”). When you place an order through our Ordering Platform (hereinafter “Order”), Mealingful acts as an agent on behalf of the manufacturers and vendors to facilitate, process and conclude the Order. After confirmation of the Order, we will contact a third-party to deliver the Goods or deliver the goods by ourselves. Hence, you understand and agree that we do not reserve any rights over the items and shall not, in any manner whatsoever, process any items, and thereby will not assume any liability for the quality and condition of the items.
4. DETAIL OF THE GOODS
Goods currently provided by us include pre-packaged mousse food and frozen soft meal. We will from time-to-time update and expand the types of items available for purchase. Before placing an Order, please study the details of the Goods and their food composition tables carefully. If you have allergies, allergic reactions or dietary restrictions or requirements, please contact Mealingfulprior to placing an Order. Mealingful hereby excludes all liability for any allergic reaction experienced by the users towards certain ingredients. If you are in doubt about the ingredients, please contact our customer service for further details. You understand and agree that Mealingful is not the manufacturer or vendor of the Goods and will not assume any liability for the accuracy of any information in connection with the Goods.
5. PLACING AN ORDER
Before payment, please confirm that all information filled in is accurate. In case of issues with your Order or unsuccessful delivery due to wrongful information provided by you, we will provide assistance but do not represent that refund,returns or any other remedial measures will definitely be undertaken.
Orders placed by you through our Ordering Platform will only be deemed as successfully placed upon acceptance and confirmation by the third-party service provider. You will receive a confirmation email containing the Order receipt after its successful placement. The Ordering contract will take effect once you receive the confirmation message. You are responsible for settling the payment and expenses for the ordered Goods and the delivery services.
6. PRICE AND PAYMENT
The prices indicated on the Ordering Platform shall be the price for each Goods and may at any time be subject to change without prior notice. Before checkout, a breakdown of the prices and other charges (such as delivery charges) will be shown. By confirming the Order, you represent that you agree to all amounts, other charges and the final “total” amount displayed.
Unless otherwise stated, an additional delivery fee will be charged for each Order.
You can choose to settle the payment of your Order by using any of the different payment methods offered on our Ordering Platform, including: HSBC Payme, BankTransfer, Faster Payment System (FPS), or other payment methods provided by us based on special requirements.
Mealingful reserves the right to provide other payment methods and/or remove any existing payment methods at any time in its sole discretion. If you choose to settle payment through online payment, the payment shall be processed by our third-party payment service provider(s). Under conditions agreeable by you, our third-party payment service provider(s) may store your payment information. We will not store your payment information.
You must ensure that you have sufficient funds on your payment account to pay for the Order.
7. DELIVERY ARRANGEMENTS
When placing an Order, you can enter the delivery or pick-up methods and addresses. Mealingful will, through third-party partners or by us (depending on the circumstances), deliver the Goods to the delivery address provided by you. You understand that there may be changes to delivery arrangements due to weather and traffic conditions, or by reasons of other force majeure.
When you enter the delivery information, we will show on our Ordering Platform the expected delivery date. However, you understand that the delivery date may differ due to other unexpected reasons. Upon confirmation of the Order by third-party vendors, we will contact you individually regarding the details of the delivery. You understand that any expected delivery time provided in the course of communication between you and us or the vendors is only for reference, and the Goods may arrive earlier or later. To ensure that you do not miss the Order delivery, you should ensure that either you or someone on behalf of you are at the delivery address to pick up the items within the expected time.
If our attempt to deliver the Order is unsuccessful due to reasons caused by you, it will be deemed an unsuccessful delivery. Reasons for unsuccessful deliveries include but not limited to:
(i) None was present to pick up the Order;
(ii) Despite attempts to contact the customer via the phone number provided, the customer remains unreachable;
(iii) Lack of appropriate or sufficient ways to successfully deliver the Order;
(iv) Lack of suitable or safe locations to store the ordered Goods.
We will not provide refund, effect any remedial measure, or assume any liability to you for any unsuccessful delivery caused by you.
If you remain uncontactable within 10 minutes after the arrival of the ordered Goods at the delivery address, or you are unable to pick up the Goods, Mealingful reserves the right to cancel the Order and deem the situation as an unsuccessful delivery.
8. ELECTRONIC COMMUNICATION AND FEEDBACK
When you visit our website, send email or text messages to us, or through the use of your desktop or mobile devices establish contact with us, you acknowledge that you may be contacting us electronically. This means that you agree to receive communications from us, including emails, text messages, mobile push notifications, and notifications and private messages sent by our website and applications. You may retain a record of these communications in your sole discretion. You consent that all agreements, notifications, disclosures and other communications have the same legal effects as other written communications.
You may leave any opinion or feedback on our Ordering Platform. You agree that your opinion or feedback shall pertain to the following contents, including: our services, services by partnering vendors, and services provided by our logistic partners, and shall represent your genuine experience. After leaving any opinion or feedback, you agree that we will immediately acquire non-exclusive permission, without separate authorisation from you, to use the relevant content in any way deemed appropriate by us, including but not limited to promoting and analysing the service quality of our partners. You agree that we reserve the absolute right to delete any opinion or feedback posted, based on our absolute discretion in determining the appropriateness of these contents.
9. CANCELLATION OF ORDER, REFUND AND RETURN POLICY
After placing an Order, and before the issuance of a confirmation notification of the Order by the Ordering Platform, you can contact us to cancel the Order.
You agree that we retain absolute discretion to cancel the Order and arrange for refund after the confirmation of an Order and Mealingful does not have to provide any reason for that decision. If the vendor cancels the Order, we will, as far as practicable, notify you in due course, and arrange for full refund. Except for the aforementioned situations, there will not be any refund after the Order has been confirmed.
If, upon delivery, it is discovered that the Goods do not conform with the Order, please contact the customer service immediately. If you fail to contact the customer service within 48 hours after receiving the Goods, we may not arrange any returns. In some cases, Mealingful may require photographic proof and/or other information such that we can properly investigate issues regarding your Order. If, after investigation, it is confirmed that the responsibility ought to be borne by Mealingful, we will arrange replacement, returns or refund for you. If you need to apply for replacement, returns or refund, please keep the package of the Goods intact and do not unseal it. Due to concerns regarding the quality and safety of the food, we will not be able to provide replacement, return or refund if the Order has been unpacked.
10. DISCLAIMERS
You acknowledge and agree that the content available on the Ordering Platform are provided on an “as is” and “as available” basis, and you thereby assume the risk in your sole discretion by your use and reliance on any content, goods, items and services accessed and obtained through our platform.
We do not assume any liability for the quantity, quality, condition or other situations of the Goods provided by the manufacturers and vendors, and the services provided by third-party delivery-services vendor. Nothing in these Terms shall exclude third-party partners’ liability for death or personal injury arising from their gross negligence or wilful misconduct.
11. STATEMENT REGARDING COLLECTION OF YOUR PERSONAL DATA
The collection, possession, processing and using of your Personal Data and other information (hereinafter “Data”) shall be governed by the Personal Data(Privacy) Ordinance (hereinafter the “Ordinance”). Data should include transaction records as such records constitute “Personal Data” according to section2(1) of the Ordinance. You understand and agree that such Data will allow us to provide services to you, including but not limited to the processing of Orders, delivery, investigation and promotion. We will keep your Data confidential.
12. RIGHT OF THIRD PARTIES
These Terms do not create or give rise to, nor shall they be intended to create or give rise to any third-party rights. No third party shall have any right to enforce or rely on these Terms which directly or indirectly, expressly or impliedly, confer any right or benefit to any third party. The application of any legislation creating or conferring third-party rights in connection with these Terms (including but not limited to Cap. 623 Contracts (Rights of Third Parties) Ordinance) are hereby expressly excluded. For the avoidance of doubt, nothing in these Terms shall affect the rights of the assignee or transferee of these Terms.
13. AMENDMENTS
Mealingful reserves absolute right to amend these Terms, our Goods and services and any details, and we will not assume any liability for losses or damages arising out of such amendments. Mealingful may in its full discretion upload the amendments to our website for notification purposes prior to the date they take effect.
After the amendment of these Terms, your continued use of the website of Mealingful or the Ordering Platform indicates your confirmation and acceptance of the amendments.
14. JURISDICTION
These Terms are governed by the Laws of the Hong Kong Special Administrative Region. You and Mealingful irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong to settle any disputes or claims (whether contractual or non-contractual) arising out of or in connection with these Terms and their subject-matter or formation.
15. PREVAILING LANGUAGE
The English version of these Terms is provided for reference only. If there is any discrepancy between the Chinese and the English versions, the Chinese version shall prevail.
