Terms & Conditions
The website located at www.chewswize.com (the “Site”)
is a owned by ChewsWize Ltd (“Company”,
“us”, “our”, and “we”). Company markets, sells and delivers packaged
foods directly to customers via post or otherwise (collectively, with all other
services provided through the Site and packaged foods delivered through the
post or otherwise, the “Services”). Certain features of the Services or Site may
be subject to additional guidelines, terms, conditions or rules, which will be
posted on the Service or Site in connection with such features. All such additional terms, guidelines, and
rules are incorporated by reference into this Agreement.
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any unauthorized use of your Company Account or loss or damage arising from your failure to comply with the above requirements.
1.3 Promotional emails. As a member, you agree to receive newsletters and promotional emails including third party offers.
2. Payment Terms
2.1 Ordering Services. You may order any of the Services offered (including without limitation ongoing, a la carte or gift) by following the directions on the Site. If you order recurring delivery Service, your subscription to the Service will automatically renew every week until you cancel or pause your Service by following the directions on the Site (see the FAQs https://www.chewswize.com/FAQ’s for details). If you order additional products in a month you will be charged for those products. Company may change the pricing for any portion of the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes to the subscription portion of the Services will not take effect until your subscription renews. Company may periodically send you token gifts at no additional cost to you.
2.2 Payment Terms. If you order Services, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges if shipping outside Hong Kong as listed on the website. For ongoing subscription delivery Service, Company will automatically bill your credit card submitted in ordering the Service on the date the product is shipped, and point thereafter, until you cancel your Service. If you sign up to receive free samples from Company, you are enrolling in the designated ongoing weekly or bi-weekly delivery Service. You may cancel your service as described in the Cancellation and Billing Status section of the FAQs https://www.chewswize.com/faqs. If you choose to cancel your service, you must notify the company at least 5 days before your next billing date. Payments are generally non-refundable; provided that if you are dissatisfied with a product or products for any reason, we will refund the cost of that product or products to you so long as you contact Customer Service in writing and request a refund within ninety (90) days after delivery of the product(s) to the delivery address on your account. You hereby authorize Company to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities in your local area, and you are responsible for payment of all such taxes, levies or duties. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may immediately terminate the applicable Service.
2.3 Title and Risk of Loss. All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3.1 License. Subject to the terms of this Agreement, Company grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services for your personal, non-commercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Please see the Acceptable Use Policy in Section 4.3 below [Link “Acceptable Use Policy” to section 4.3].
3.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site, Services or Promotions or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, or Promotions or any part thereof, except and if otherwise expressly set forth in Section 9.
3.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 Contributions. By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to ChewsWize, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ChewsWize is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ChewsWize shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ChewsWize may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to ChewsWize rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from ChewsWize under any circumstances.
4.3 Acceptable Use Policy. When using the Services, you agree to the “Acceptable Use Policy” below. Specifically, you agree to:
· Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
· Provide accurate information to us and update it as necessary;
· Review and comply with notices sent by the Company concerning the Services; and
· Use the Services in a responsible manner.
Additionally, you agree not to: