TERMS AND CONDITIONS

Welcome to our online delivery service platform runrunfresh.com. RunRunFresh Limited ("RunRunFresh", "we", "our", "us") is a company incorporated in Hong Kong, we own and manage runrunfresh.com, runrunfresh.net, runrunfresh.com.hk, runrunfresh.hk, Mobile Applications or any other related features (collectively, our or the “Platform"). We are an ordering and delivery business (our or the “Service”) that provides connections between you (referred to as “you”, "Users" or “Customers") and independent shops (our or the “Vendors”) through the means of our Platform. The Terms of Use below form an agreement (the "Agreement") that governs your access and the use of our Platform and our Service. 

LEGAL DISCLAIMER 

RunRunFresh has made every attempt to ensure the accuracy and reliability of the information provided on this Platform. However, the information is provided "as is" without warranty of any kind. RunRunFresh does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this Platform. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this Platform nor to the suitability or otherwise of the information to your particular circumstances. 

We cannot and will not guarantee that this Platform is free from computer viruses or anything else that has destructive properties. 

We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use), or from your use of (or failure to use) the information on this Platform. This Platform provides links to other websites owned by third parties. The content of such third-party sites is not within our control, and we cannot and will not take responsibility for the information or content thereon. Links to such third-party sites are not to be taken as an endorsement by RunRunFresh of the third-party site, or any products promoted, offered or sold on the third-party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third-party site. In addition, we will not accept responsibility for the accuracy of third-party advertisements.

TERMS OF USE 

The Terms of Use (our “Terms”) is applicable to all users of our Platform, including without limitation, users who are browsers or customers. Please read these terms carefully before accessing, using or obtaining any materials, information, products or services. By accessing or utilising our Platform, you agree to be bound by our Terms of Use. If you do not accept our Terms of Use in full, then you may not use our Platform. 

VALIDITY OF USE 

By using our Platform or agreeing to our Terms of Use you warrant and represent that you are at least 18 years of age, and capable of forming a legally binding contract; you are not a person proscribed from receiving our Service under the laws of Hong Kong; and you are not outside of Hong Kong.

In order to use our Service, you may need to create a user account. When creating a user account you agree to accept and receive communications or promotional material from us, including via email, text message and phone call to the phone number you provided to us. If you do not wish to receive any of our communications or promotional materials, you may contact us by email info@runrunfresh.com  at any time.  

You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the absolute right to suspend or terminate the customers’ use of the account. If you have any concerns about your account details you can contact us on info@runrunfresh.com. 

You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Service, including any of our delivery staffs and office support staffs. We reserve the right to decline orders, refuse partial or full delivery, cancel orders and/or terminate accounts at any time in its sole discretion. 

PERSONAL DATA AND USER CONTENT 

We collect and process certain personal data about you as a result of you using our Platform and Service. Some parts of our Service may allow you to upload or submit content (such as text, images, videos, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving our Service. We may, in our sole discretion, remove or take down any content that you upload or submit to our Service for any reason, including violation of any of our Terms and Conditions or any other policies. 

You represent and warrant that you are the owner or you have the legal rights, consents, permissions and licenses of the User Content you provided; you shall not infringe the intellectual property rights or other rights of any third party; you have obtained permissions and consents from those individuals (including name, picture or otherwise) that are required for us to use in the User Content; the User Content does not contain any material that may be illegal, defamatory, obscene, offense, harmful to the safety or harassing any person or otherwise is inappropriate for display on our Platform. You agree and accept that you will provide to us written copies of any consents, permissions or licenses at our request at any time. 

You may have the option of accessing our Service through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Service may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms and Conditions, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

OUR SERVICE 

The purpose of our Service is to provide a simple and convenient service to you, connect you to our Vendors who display their products and allow you to order products from them. We facilitate the correspondence between you and our Vendors for these purposes, we market the products on behalf of our Vendors. Except where otherwise specified, we are not the seller or supplier of the products. We are responsible for managing and administering the Platform, arranging order processing and fulfillment for the products you ordered from our Vendors through our Platform. Our Platform processes the orders on behalf of our Vendors and we deliver the orders to you acting as an agent on behalf of our Vendors to conclude any orders you make. We deliver from the place of business of our Vendors to the address specified for delivery by you. Each Vendor has a prescribed delivery area. We do not accept orders from outside our delivery area where we do not have Vendor(s). Our delivery hours may vary depending on local markets and our independent Vendors trading hours.

SALES OF ALCOHOL 

Customers placing orders for alcohol from our Vendors must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years of age. We reserve the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. We also reserve the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. 

ORDERS 

Our Vendors provide products of their choice on our Platform for your selection to order. When you place an order you are making an offer to buy from the Vendor(s) the product(s) you have specified at the price stated for the product(s). You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending. The availability of the product(s) are as shown online and will be updated regularly by the Vendor(s). They should not be relied on as definite statements as to whether the product(s) you wish to purchase are actually in stock.

When you submit an order through our Platform, an email thanking you for your order and confirming that your order has been received and acknowledged by Us (our “Confirmation Email”) will be sent to you by us on behalf of our Vendor(s). The contract agreement for the supply of products through us will be between you and our Vendor(s), and it is established when you have been sent the Confirmation Email. Users are responsible to supply an accurate email address, delivery address and phone number for correspondence and/or delivery purposes. We will accept no liability caused by or incidental to the supply of incorrect details by Users. If you are not satisfied with the products that you received, we will respond on behalf of our Vendor(s). All products are subject to availability by our Vendor(s). 

We do our best to screen for the best Vendors and we will do our best to regularly communicate with our Vendors in order to provide the best quality food and products to you. 

We reserve our right to cancel or not to accept any order for any reasons at our sole discretion, including without limitation that, no sufficient stock to deliver the products you have ordered; and/or no delivery available in your area; and/or the price of one or more of the products you have ordered was listed incorrectly by the Vendor(s).

If we cancel your order we will notify you by email and we will credit to your account any sum deducted by us from your payment method as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered. 

PRICE AND PAYMENT 

All prices and payments are in Hong Kong Dollars ($). All taxes and 50 cents plastic bag levy are included. Prices for same product may differ between Vendors. You must be aware that all prices are provided by independent Vendors and the prices and other details are subject to change without prior notice. Products details such as weights, sizes, prices may not correspond the same to the descriptions offered on the Platform. Vendors will regularly confirm product details as a feature of our requested procedure, we shall make every effort to ensure product details provided by Vendors are most accurate and up-to-date. Prices displayed on our Platform are for online shopping only. Prices for some products may differ from those at the markets. Prices for some products are subject to daily market fluctuation. There may be adjustments to the final bill due to out-of-stock products, substitutions, special offers, weighed items, daily price changes and fluctuation items. We reserve the right to adjust the online bill and final payment. 

You are advised to confirm the most recent prices accessible on the Platform before placing an order, but changes will not affect any order in respect of which you have been presented with the Confirmation Email. Any errors by us will be corrected as soon after they have been brought to our notice as is reasonably possible, and we will not be held responsible for the errors.

We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by our payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event we are held responsible for any such losses in whole or in part thereof. 

Payment for all orders may be made by PayPal or major debit and credit cards through our Platform. Once your request has been confirmed PayPal or your debit and credit cards will have been approved and the sum set apart for payment. Payment is made specifically to RunRunFresh Limited and subsequently passed on by RunRunFresh to our Vendor(s). We are approved by our Vendors to acknowledge payment on their behalf and payment of the amount of any products to us will release your commitments to pay such amount to our Vendor(s). Payments are liable to approval and/or authorisation by the credit card guarantor. In the event that the relevant credit card company declines payment, we have the right to cancel your order. 

If any order is cancelled by us and if you have already made payment, we will refund the amount to you. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.

DELIVERY 

Our Service is only available in selective areas in Hong Kong. We always do our best to ensure your order is delivered by the time specified in the Confirmation Email and on our Platform. Sometimes there could be situations that may affect our collection and delivery service such unexpected traffic conditions and weather conditions, also markets and Vendors circumstances at times. Our Service will be suspended temporarily in the event of red and black rainstorm warning, and typhoon warning signal no. 8 or above. We do not provide delivery to building without elevator facilities. We reserve the right to decline delivery at our own discretion.

We will deliver the products to the address you provided for delivery through our staffs or a third-party provider. You agree and accept that if you do not accept delivery of the order within 5 minutes of our delivery staffs arriving at your address, our delivery staffs will:  

  1. Drop-off your order at your building management office and you will collect your order at your own convenience; and/or  
  2. Drop-off your order at your front door if there is no management office in your building; and/or  
  3. Leave your building without dropping off your order if our staffs cannot get into your building.  

We are entitled, at our own discretion, to charge you additional fee or cancel your order in the event of your failure to accept our delivery, and under no circumstances will we accept cancellation of order or offer refund.

You agree to present your photo identification upon request when you accept delivery of the products. All risks in the products you have ordered that are subject to our Service remains with the Vendors until they are delivered to you. You will become the owner of the products when you accepted the delivery, they will be held at your own risk and we will not be liable for your loss or damage. 

RETURN AND EXCHANGE 

Unless otherwise specified, there is no return or exchange will be accepted. Subject to individual Vendor, items may be returned or exchanged within the next day after delivery, with receipt only if the items are faulty, defective or damaged, incorrect products or incorrect quantity, provided that the items must be unused that include any accessories, documentation, manuals, certificates, labels, tags, consumables, bags and boxes that in the same condition you received in the original packaging at delivery.

You agree and accept that it will be our Vendor’s sole discretion whether to accept the items for return or exchange, and to subject to availability. Under no circumstances will we accept the return of any items directly to us or be held responsible for any of your damages for whatever reasons. You agree and accept that you will contact our office by email info@runrunfresh.com or phone 37097140 for any request for return or exchange, before you contact our Vendor(s). 

PROMOTION 

We aim to help you save money with your purchase using our Promo codes. Promo codes released by us are only valid to use on our Platform. Promo codes are available for a limited time only, and may be subject to certain restrictions, they are subject to change, cancellation or expiration at any time without notice. Promo codes must be entered at the checkout page in order to apply discount to your purchase. Promo code shall only be applicable for one-off purchase on our Platform, unless otherwise specified. Promo codes may not be sold, copied, modified, transferred, they are non-refundable and non-redeemable for cash; Promo codes has no cash value, unused Promo codes amount will be forfeited.

We reserve the right to cancel, modify or revoke the use of promo codes if the codes are used in the following circumstances:  

  1. suspicious or fraudulent use;  
  2. abusing our promotion system including redeemed using multiple accounts or at multiple checkouts; or  
  3. promotions used in bad faith, including resold promotions, or use of promotions on orders made and intended for resale.

THIRD-PARTY UPLOADS, PRODUCTS AND CONTENT 

You agree that RunRunFresh does not held responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through our Platform, you agree that you do so at your own risk and that we will have no liability based on such purchase, use, or access. 
 
RunRunFresh is not responsible for, and does not endorse, content in any posting made by other users on the Platform. Under no circumstances shall RunRunFresh be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on our Platform. If you become aware of misuse of the Platform by any person, please contact us by email at: info@runrunfresh.com.hk. 

INTELLECTUAL PROPERTY 

All content included in or made available through any of our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is property of RunRunFresh or its content suppliers and protected by Hong Kong and international copyright laws. The compilation of all content included in or made available through any of our Platform is the exclusive property of RunRunFresh and are protected by Hong Kong and international copyright laws. Our trademarks, names, logos, designs and service marks are registered and unregistered trademarks of RunRunFresh. No content on the Platform should be regarded as a permit or prerogative to utilize without the prior written authorization of RunRunFresh. 

PROHIBITED ACTIVITIES 

Customers shall not: 

  1. Submit to us incorrect or incomplete information when utilizing our Platform or our Service;  
  2. Disseminate, exchange, publish or for the most part make open any information or materials on our Platform that: 
    1. it composes or stimulates behavior that represents criminal misconduct or offers conquest to known risk;  
    2. it is safeguarded by intellectual property right, trademark or other selective propriety without the express assent of the proprietor of the intellectual property right, trademark or other prohibitive right;  
    3. it is disdainful, slanderous, defamatory, hassling, undermining or is for the most part unsafe to outsiders;  
    4. it is scornful, radical or racially antagonistic; or  
    5. it is repulsive, disrespectful, inconsiderate, profane or unequivocal. 
  3. Intrude with any other User’s use of our Platform or Services in any way including, without limitation upsetting the ordinary flow of correspondence in a discussion team; 
  4. Publish, exchange or transmit materials that contain any virus, debilitating device or other code that shows polluting or ruinous properties;  
  5. Attempt to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software) for any other use of our Platform or related materials; 
  6. Gather and use any of our Platform or Services postings, pictures or delineations for business purposes;  
  7. Interfere with or disrupt the operation of our Platform or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;  
  8. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software); 
  9. Frame or mirror any part of the site without our express prior written consent; 
  10. Create a database by systematically downloading and storing the Content, User Content or any Site Content; 
  11. Collect and use any of our platform or service posts, images or descriptions for commercial purposes 
  12. Using our platform or its content for the following purposes: 
    1. for any unlawful activity;  
    2. to request others to perform or partake in any unlawful acts;  
    3. to disregard any global, government or common regulations, benchmarks or laws;  
    4. to encroach upon or breach our licensed intellectual property rights or the intellectual property rights of others;  
    5. to submit false or deceiving data;  
    6. to gather or track the individual data of others; 
    7.  to spam, phish, pharm hack, affection, bug, slither or rub;  
    8. for any revolting or shameless purpose; or  
    9. to meddle with or circumvent the security components of the Service or any related Platform, different web platform, or the internet.  

We maintain whatever authority is needed to terminate your utilization of the Platform or any related Platform for disregarding any of the proscribed uses.

LINKS 

This Platform may contain links or hyperlinks to third-party websites. We do not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that RunRunFresh is not responsible or liable for any content or other materials on these third-party websites.  

WARRANTIES 

The Platform and the content are provided on an “as is” basis. To the fullest extent permitted by law, RunRunFresh, its parent, subsidiaries, associates and affiliates, and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantibility, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  

The RunRunFresh entities, their agents, representatives and service providers cannot and do not guarantee or warrant that the Platform will be reliable, accurate, complete, or updated on a timely basis; and/or the Platform will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; and/or any files available for downloading from the Platform will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; and/or any content you post on the Platform will remain on the Platform; and/or the functions or services performed on the Platform will be uninterrupted or error-free or that defects in the Platform will be corrected. 

LIMITATION OF LIABILITY 

The RunRunFresh entities, their agents, representatives, and, entire liability and your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The RunRunFresh entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the RunRunFresh entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.  

We will not be liable if, for any reason, our Platform or Service is not available at any period or at any time. We may restrict access to some part of our Platform or our Services at any time. In the event that RunRunFresh is found to be liable to a Customer for any reason arising out of these Terms or the Platform or the Service, our total aggregate liability is limited to the purchase price of the product(s) you have purchased through our Platform.

INDEMNITY  

You agree to indemnify RunRunFresh and, subsidiaries, associates, accomplices, officers, executives, operators, temporary workers, licensors, vendors, specialist organizations, subcontractors, providers, apprentice and representatives, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the warranties, representations and agreements herein. 

COMPLAINS AND DISPUTES 

You agree and accept that if you have any complains or disputes with RunRunFresh in relation to the use of our Services, you will contact us first and attempt to work out solutions of any such complains or disputes amicably. 

CHANGE OF OUR TERMS AND SERVICE 

We may, without prior notice, modify or terminate our Platform or Service for any reason, without incurring any liability to you or any third party. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Platform without notifying you.  Any use of our Service after the date on which the applicable Terms have changed is subject to the most recent Terms as published on the Platform.  

We may modify our Terms of Use, for any reason at any time, by posting updates on our Platform; these changes do not affect rights or obligations that arose prior to such changes. Please review our Terms of Use periodically for changes.

NO WAVIER 

RunRunFresh’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 

ENTIRE AGREEMENT AND SEVERABILITY  

These Terms, subject to any amendments, modifications, or additional agreements you enter into with RunRunFresh, shall constitute the entire agreement between you and RunRunFresh with respect to the Service and any use of the Service, superseding any earlier or contemporaneous contract or correspondence, whether oral or written, between you and RunRunFresh including but not restricted to any earlier forms of the Terms. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

GOVERNING LAW AND JURISDICTION 

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Platform resides in the courts of Hong Kong. 

TERMINATION OF USE 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any or all of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service. You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this Platform.

CONTACT INFORMATION 

If you have any questions or comments about these Terms, please contact us on 37097140 or by email to info@runrunfresh.com. Our registered office is located at 25A, 235 Wing Lok Street Trade Centre, 235 Wing Lok Street, Sheung Wan, Hong Kong. 

RunRunFresh

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