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Terms & Conditions

1. Agreement to Terms and Conditions

1.1. Acceptance of Terms and Conditions

1.1.1. The website www.munchbox.hk (the “website") is owned and operated by Munchbox Limited, trading as “MunchBox”. References to "we", "us", or "our" are references to Munchbox Limited. We are a company registered in Hong Kong (company number 2135235) and our address for correspondence is:

Unit H, 5/F, Southtex Building

51 Tsun Yip Street

Kwun Tong, Kowloon

1.1.2. Your use of this website and purchase of any products from this website are at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

1.2. Changes to Terms and Conditions

1.2.1. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

1.3. Accounts and Billing

1.3.1. You can find the specific details regarding your subscription with Munchbox Limited by logging into your account and clicking on the relevant section of the website.

1.4. Other applicable terms

1.4.1. In addition to these Terms and Conditions, our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions. Please also refer to our FAQ for further information.

2. Website Use

2.1. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

2.2. All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.

2.3. You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

2.4. You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

2.5. It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

2.6. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the website.

2.7. We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

2.8. You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

2.9. The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at [email protected]

3. Intellectual Property Rights

3.1. Website

3.1.1. All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.

3.2. External Links

3.2.1. From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

3.2.2. If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

4. Subscribing to Munchbox

4.1. In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.

4.2. In order to register an account, you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company, you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.

4.3. When signing up, you need to provide:

4.3.1. your full name;

4.3.2. a valid and current email address;

4.3.3. your delivery address;

4.3.4 your payment card details.

4.4. You represent and warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

4.5. We may refuse, at our absolute discretion, any application to join us or receive our products and/or services for any reason whatsoever.

4.6. You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

5. Availability of Website

5.1. Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

5.2. We reserve the right, at any time, to modify, suspend, or discontinue the website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or any part thereof.

5.3. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply. Please notify us of changes to your order via email at [email protected]

6. Purchase of Boxes

6.1. You may order any of our products offered by following the directions on the website. If you order a recurring subscription, your subscription will automatically renew every subscription period until you cancel your service by following the directions on our website. You can manage and make changes to your orders at any time. Please login to your account or see our FAQs for more details.

6.2. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions

6.3. No order is deemed to be accepted by us until our website displays an order confirmation message.

6.4. We reserve the right to not send certain combinations of products in a box.

7. Free or discounted offers

7.1. Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.

7.2. Except where otherwise stated, free or discounted offers are available only once to any one person.

7.3. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

7.4. You must have internet access and valid payment details to redeem a free or discounted offer.

7.5. You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Munchbox Limited service until you cancel scheduled boxes.

8. Payments

8.1. The prices of our products are quoted on the website from time to time. Prices stated include delivery charges.

8.2. We take payments by continuous payment authority for our 3-month and 6-month subscription plans. Payments are generally non-refundable (including without limitation those for multi-term plans (i.e. 3-month and 6-month plans), save in special circumstances where you are dissatisfied with our product(s) for any reason and contact us at [email protected], we may refund the cost of that product(s) to you at our sole discretion.

8.3. If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at [email protected]

8.4. You agree not to hold us responsible for banking charges incurred due to payments on your account.

8.5. Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services at any time (from time to time in our sole discretion) by updating the website and without any additional notice to you, provided that any changes to our subscription plans will not take effect until your subscription renews. Please note that you can cancel at any time (see clause 10 (Cancellation) below).

9. Delivery and Return of Boxes

9.1. Boxes can only be delivered to addresses within Hong Kong Island, Kowloon and New Territories; this excludes addresses in the outlying islands of Hong Kong.

9.2. Boxes are delivered by local courier. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:

9.2.1. our stock availability;

9.2.2. your delivery address;

9.2.3. other circumstances impacting delivery by the courier.

We reserve the right to use alternative delivery methods without prior notification.

9.3. You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.

9.4. It is your responsibility to report all lost or undelivered boxes online within 7 days by emailing us at [email protected]

9.5. If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any boxes posted to the wrong location.

9.6. We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the courier service in your area is too unreliable.

9.7. If you are dissatisfied with any product you receive from us, please contact our customer services team at [email protected] We retain the right to request a return of any faulty goods by recorded delivery to:

Unit H, 5/F, Southtex Building

51 Tsun Yip Street

Kwun Tong, Kowloon

and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

9.8. Please be aware that the boxes will still be sent via a local courier and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.

10. Cancellation

10.1. You can cancel the recurring purchase of your subscription before the delivery of your last box in your current subscription by visiting the relevant section in your account after you login to our website. If you choose to cancel your subscription plan, you must notify us at least 5 days before your next billing date.

10.2. We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

11. Privacy

11.1. We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.

12. Limitations on Liability

12.1. Nothing in this clause 12 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:

12.1.1. fraud or fraudulent misrepresentation;

12.1.2. death or personal injury caused by our negligence;

12.1.3. breach of any obligations implied by section 16 of the Sale of Goods Ordinance (Cap 26);

12.1.4. any other liability to the extent the same may not be excluded or limited as a matter of law.

12.2. None of these terms restrict any of your statutory rights.

12.3. Subject to clause 13.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.

13. Applicable Law

13.1. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Hong Kong. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of Hong Kong.

14. Assignment by Us

14.1. You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

15. Accounts are Non-Transferabl

15.1. Accounts with Munchbox Limited are not transferable and therefore cannot be sold or traded.

16. No Waiver

16.1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

17. Force Majeure

17.1. We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

18. Contacting us

18.1. Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to [email protected] or write to us at:

Unit H, 5/F, Southtex Building

51 Tsun Yip Street

Kwun Tong, Kowloon