TERMS OF SERVICE & PRIVACY POLICY

1. Agreement to Terms and Conditions

1.1 Acceptance of Terms and Conditions

1.1.1 The website www.foodhappy.com is owned and operated by NetSimple Ltd trading as 'Food Happy'. References to "we", "us", our" or "the website" are references to NetSimple Ltd (Hong Kong). We are a company registered in Hong Kong (Business Registration 58623753), and our address for correspondence is:

Unit A&B, 7/F, Chun Wah Building, 30 Minden Avenue, Tsim Sha Tsui

1.1.2 Your use of this website and membership of NetSimple Ltd is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. 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 NetSimple Ltd website after changes are made means that you agree to be bound by such changes.

1.3 Membership and Billing

1.3.1 You can find the specific details regarding your subscription with NetSimple Ltd including your next scheduled boxes, by clicking on the relevant section of the website.

2. Website Use Terms and Conditions

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 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.

2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, NetSimple Ltd will place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

3. Copyright

3.1 Copyright

3.1.1 This website and its content is copyright of NetSimple Ltd 2014. All rights reserved.

3.2 Trademarks

3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.

3.3 User Material

3.3.1 In these Terms and Conditions, we use the term 'User Material' to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.

3.3.2 This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.

3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.

3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.

3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to NetSimple Ltd a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a 'white label' or 'co-branded' service for third parties).

3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by NetSimple Ltd and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise NetSimple Ltd. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.

3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.

3.3.8 Links to other websites - From time to time this website may also include links to other websites. 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 of the linked website(s).

You may not create a link to this website from another website or document without NetSimple Ltd's prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Hong Kong SAR, China.

Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

4. Joining Us

4.1 We may refuse any application to join NetSimple Ltd or receive our services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.

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 meet your requirements and we cannot guarantee that the service will 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. Your access to the NetSimple Ltd‘s 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 feedback@foodhappy.com.

6. Purchase of Boxes

6.1 Provided that you meet the minimum criteria in the sign up process you may register as a NetSimple Ltd website member free of charge. If you register as a NetSimple Ltd website member, all the relevant terms of these Terms and Conditions shall apply.

6.2 As a NetSimple Ltd website member you will receive access to the NetSimple Ltd website, although you will not be entitled to obtain chargeable NetSimple Ltd services unless you agree to the applicable Terms and Conditions prior to registering for such services.

6.3 You may submit orders online at any time after you have created an account. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. You are given the opportunity to review the box type, delivery date and frequency of order in your deliveries page. The website allows you to review all the boxes that you have already ordered from us, you can do this by clicking the boxes on the history page whenever you are logged in.

6.4 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.

6.5 No order is accepted from you until our website displays an order confirmation message. This message is displayed after your subscription payment is confirmed. A summary can be viewed in the ‘your subscriptions’ page and a copy will be sent to the email you provide on signup.

6.6 We select your boxes based on your food category selection. We reserve the right to not send certain combinations of products together in a box.

6.7 All of our products are prepared in the same environment; therefore we do not cater for dietary requirements or allergies.

7. Free or discounted offers and credits

7.1 Offers are only available to new users of the NetSimple Ltd Service, except where expressly stated.

7.2 Free or discounted offers are available only once to any one person.

7.3 Discounts and credits cannot be used in conjunction with any other offers.

7.4 Credits can be earned and exchanged for rewards as stipulated per promotion

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

7.6 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 NetSimple Ltd service until you cancel scheduled boxes.

8. Payments

8.1 After your first payment you will be billed as follows:

Boxes due on Tuesday will be billed on the Wednesday in advanced from 15.00.

For pay in advance option, 4 boxes, 8 boxes or 12 boxes, you will be billed immediately for the total amount. After this credit has been used up, billing will revert to weekly as above.

Billing times may change in the run up to events that affect postal deliveries such as Bank Holidays. See 11.1

Payment services are provided by DPS / Payment Express or Paypal Inc.

8.2 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 on feedback@foodhappy.com.

8.3 Please note that if you have opted for a weekly or fortnightly delivery, should your card payment be rejected on any subsequent billing day, NetSimple Ltd reserves the right to suspend any future deliveries. NetSimple Ltd will make contact to notify you of this.

8.4 Some Goods are subject to seasonal changes in supply levels and supply prices. NetSimple Ltd reserves the right to change the fees for any services at any time. We agree to notify you at least 14 days in advance of any change in fees.

8.5 Upon paid registering, restarting regular deliveries, or changing card details, your payment card will be authorised for up to the cost of one full priced box to verify your payment details. This dependent on the payment option you select at the time.

9. Delivery, Return of Boxes and Refunds

9.1 Boxes can only be delivered to addresses within the Hong Kong SAR (not including outlaying islands).

9.2 We currently use Hong Kong Post standard postage to deliver the boxes to you. Proof of delivery is not obtained. Actual delivery times may vary for you depending on;

i) our stock availability,

ii) your delivery address,

iii) when you make your selection, and

iv) circumstances impacting delivery by the Hong Kong Post.

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 the customer's responsibility to report all lost boxes online within 48hours after the due delivery day to feedback@foodhappy.com. Customers are obliged to comply with either Hong Kong Post’s claim compensation process or NetSimple Ltd process. Failure to comply with these processes, as amended from time to time, will result in no refund.

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 be liable for any boxes posted to the wrong location. You can see a summary of these times at www.foodhappy.com/help.

9.6 We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal 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 on feedback@foodhappy.com. We retain the right to request a return of any faulty goods by recorded delivery to Unit A&B, 7/f, 30 Minden Avenue, Tsim Sha Tsui and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. We will consider refunds for any boxes returned to us within 7 days of receipt. We reserve the right to refuse refund on any product.

9.8 Refunds for any other reason than defective goods and lost boxes (9.4 and 9.7 above), including but not limited to: accidental orders, not liking the product selection, failing to report your box missing etc, will be at our sole discretion and subject to a 50% administration fee ($25 minimum). To apply for a refund you must follow our refund proceedure in full, and refunds will be processed within 4-6 weeks.

10. Use

10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the Service including the box.

10.2 All content and programming of the www.foodhappy.com website is the property of NetSimple Ltd. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the www.foodhappy.com website without written permission from NetSimple Ltd.

11. Cancellation

11.1 You can cancel or suspend the purchase of a box at any point before the cut off times shown at www.foodhappy.com/help. Cut-off times may vary in the approach to a bank holiday – however we will advise of changes to the cut off times on our FAQs page on the website the week before a bank holiday. Cancellation must be done online at www.foodhappy.com. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline.

11.2 Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

11.3 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. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.

12. Privacy

12.1 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.

13. Promotion Codes

13.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present unless otherwise stated

14. Disclaimer of Warranties and Limitations on Liability

14.1 Nothing in this clause (13) or otherwise in these Terms and Conditions shall exclude or in any way limit NetSimple Ltd’s  liability for;

i) Fraud

ii) Death or personal injury caused by its negligence.

iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.

iv) Liability to the extent the same may not be excluded or limited as a matter of law.

Nor will any of these terms restrict any of your statutory rights.

14.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 13.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

14.3 Subject to clause 13.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

14.4 Subject to clauses 14.1, 14.2 and 14.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of $100HKD and/or the total amount paid by you to us in respect of NetSimple Ltd Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.

15. Applicable Law

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

16. Assignment by Us

16.1 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 are agreed to by you for your own benefit and not for the benefit of any other party.

17. Memberships are Non-Transferable

17.1 NetSimple Ltd memberships are not transferable and therefore cannot be sold or traded.

18. No Waiver

18.1 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.

19. Force Majeure

19.1 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.

20. Damaged or Defective Items

20.1 You must inspect the products on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.

21. Indemnity by you

21.1 You agree to indemnify and hold NetSimple Ltd, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.

22.    Website disclaimer

22.1 The information contained in this website is for general information purposes only. The information is provided by NetSimple Ltd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

22.2 This website and its content are copyright of NetSimple Ltd

22.3 This version last updated 30th May 2014.

FoodHappy is strongly committed to protecting your privacy. We use the personal data we collect on the site for various purposes. Use of such personal data will help us to add more products and services of interest to you and also to ensure that your shopping experience with us is an enjoyable and personalised one. Please read on for more details on our policies and practices in relation to personal data:

1. Our Pledge

We pledge to meet fully, and where possible to exceed, the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong). In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.

2. Protection of Information

We use sophisticated encryption technology and secure servers to keep your personal information (incliding credit card information and purchase history) safe. All your ordering information is protected during transmission by using the Secure Sockets Layer (SSL), which encrypts the information that you input so that it cannot be read in transit. Other security measures include restricting access to personal data to employees who have a need to use the data and who have been trained to handle such data properly and observe confidentiality. No unauthorized access will be allowed.

Online payment service is provided by DPS/Payment Express. Customers' payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorisation using Extended Validation Certificates (EV) SSL transaction encryption.

3. Cookies

We use cookies in order to improve your experience when you visit foodhappy.com. Cookies are small pieces of information that your web browser stores on your computer when you visit a website. Our cookies let us personalize your visits to foodhappy.com and recognize you when you return. Information collected from these cookies may be used for the purposes laid out in this Privacy Policy Statement.

Most browsers automatically accept cookies. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. If you disable cookies, some features may not work but you will still be able to visit selected areas of the site.

4. Websites of third parties

When you click on links and/or ad banners that take you to either third parties websites or websites of companies associated with foodhappy.com, you will be subject to the privacy policies of those parties. Whilst we support the protections of privacy on the internet, foodhappy.com cannot be responsible for the actions of parties outside our web domain.

Personal Information Collection Statement

5. Personal data that we collect

Types of personal data that may be collected or held by us include:

  1. Name;
  2. contact details including telephone number, mailing address, email address; and
  3. payment methods that you use, including the details, such as credit card numbers.

6. Purposes of collection

The personal data collected will be used for the following purposes:

  1. membership registration;
  2. fulfilling your orders for products and services, order processing and payment clearing;
  3. responding to your inquiries, suggestions and opinions; and
  4. fulfilling any purpose directly related to the above purposes.
  • Membership registration:
    When you join foodhappy.com as a member, we need to know your name, email and mailing addresses. We hope that you complete the profile survey on a voluntary basis in order to allow us to serve you better.

  • Ordering information:
    When you place an order with foodhappy.com, you will be asked to provide details such as credit card number and mailing address. This allows us to process and fulfill your order and to notify you of your order status.

The provision of such personal data is voluntary. However, we may not be able to fulfill the purposes stated above or provide service to you if such data have not been provided. We may contact you to verify the accuracy of the data supplied. We will not retain your personal data longer than necessary.

7. Direct marketing

Besides, we intend to use your personal data to market or promote products or services, or to conduct activities as follows:

  1. sending information in relation to our products and services, activities, contests, promotions and events;
  2. marketing and promoting activities (including contests) for us, our vendors, business partners and other selected companies;
  3. joint marketing schemes with other third parties;
  4. customising promotional offers and advertising contents, so as to streamline your shopping experience with us;
  5. providing personalised marketing and promotional information (including benefits and privileges) to you;
  6. collecting statistical information, conducting analysis for business analysis purposes;
  7. conducting surveys relating to our customers, products or services;
  8. evaluation and further enhancement of our products and services; and
  9. fulfilling any purpose directly related to the above purposes.
  • Membership privileges:
    foodhappy.com members enjoy many privileges, including newsletters, participation in special offers and promotions, and streamlined shopping experience. We may provide personalised services, send out free product samples or other special benefits.

  • Contests and Promotions:
    We may from time to time organize or host contests and promotions and in doing so ask for information including your name, email and mailing address, telephone number. We will use this information to notify you if you have won a contest, and to help shape our future contests or promotions.

But before we do so, we need your consent. Please indicate your consent by checking the appropriate box on our online form. You may, at any time and without charge, request us to change your preference chosen or not to use your personal data in direct marketing. Please update your preference in our website or inform our Customer Service Representative through the contact details specified in "Further Information" below.

8. Transfer of personal data

All personal data you give us is kept confidential and protected, but we may provide such personal data to the following parties for the same purposes as laid out above in this Privacy Policy Statement:

  1. any other company within the NetSimple Limited group of companies, whether within or outside Hong Kong, for any of the purposes stated in this form. If you do not wish us to transfer as such, please inform our Customer Service Representative through the contact details specified in "Further Information" below;
  2. any agent, contractor or service provider who provides administrative, order processing, payment clearing, credit reference, debt collecting or other services necessary to the operation of our business; and
  3. any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any applicable law.

foodhappy.com may also provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal data that uniquely identifies an individual. We will not sell or disclose any personal data that identifies you to any third party without your approval.

9. Rights of access and update of personal data

You may check whether we hold any of your personal data and, if so, may also request access, update or correction, or request a copy of your personal data held by us by contacting our Customer Service Representative through the contact details specified in "Further Information" below.

We may take reasonable steps to verify your identity before entertaining your request. A reasonable fee may be charged to cover our administrative costs. We will endeavour to respond to you within a reasonable time.

10. Amendment to Privacy Policy Statement

If we decide to change this Privacy Policy Statement, we will publish the amended Statement on this webpage, so that you will always be aware of our policies and practices in relation to personal data.

11. Further Information:

If you have questions about this Privacy Policy Statement, please contact our Customer Service Representative:

  • by e-mail: feedback@foodhappy.com; or
  • by mail: FoodHappy, Floor 7, Chun Wah Building, Tsim Sha Tsui, Hong Kong.

If there is any inconsistency between the English and Chinese versions, the English version shall prevail.