Terms of Service
OVERVIEW
This website is operated by TMA Company Limited. The following Terms of Service (“Terms”) govern your use of, access to, and purchase of products and/or services from our website at https://themorningafterhk.com (“Website”), applications, platforms and accounts owned and operated by TMA Company Limited (“TMA”, “Company”, “we”, “our”, “us”). Our Privacy Policy also governs your use of our services and explains how we collect, safeguard and disclose information resulting from your use of our Website.
Please read these Terms carefully before accessing or using our Website. By visiting our site and/or making a purchase on our Website, you engage in our “Service” (“Service”). By accessing and using our Website, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (please refer to the Privacy Policy section for more information).
Any new features or tools which are added to the current store shall also be subject to these Terms. We reserve the right to change any of these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. It is your responsibility to check these Terms periodically for any modifications. Your continued use of or access to our Website after such modifications constitutes acknowledgement and agreement of the modified terms and conditions. If you do not agree with (or cannot comply with) these Terms, then you may not access the Website or use any Services.
Privacy Policy
Our Privacy Policy, which is incorporated into these Terms by reference, provides detailed information about how we collect, use, and protect your personal data. We are committed to safeguarding the privacy of our website visitors and service users. Please read our Privacy Policy carefully before using our Services. By using our website, you agree to the collection and use of information in accordance with this policy.
Ordering and Payment
By placing an order through our Website, you warrant that you are legally capable of entering into a legally binding contract and that you are to provide accurate and complete billing and shipping information. We are not responsible for any delays or errors caused by inaccurate information provided by you. Payment for orders must be made through the available payment methods on our Website. We reserve the right to refuse or cancel any order at our discretion.
Modifications to the Prices, Products or Services
Prices for our products and/or services are subject to change without notice. We reserve the right to modify or discontinue our products and/or services without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of our products and/or services.
All images, videos or any materials displayed on our Website are for illustrative purposes only.
Return, Refund and Cancellations
All sales and payments are final, non-refundable and non-transferable.
We strive to provide our customers with high-quality granola products. If you are not satisfied with your purchase, please contact us at admin@themorningafterhk.com within seven (7) calendar days of the date you received the order. Depending on the circumstances, we may, at our sole discretion, replace the product(s) at our expense. We may also ask you to provide photographs and/or other supporting evidence before we provide you with replacement.
Unless otherwise confirmed by us in writing, the products available on our Website, and any samples we may provide to you, are for personal use only and may not be resold. Any unauthorized resale of our products is prohibited and will result in the termination of your account and cancellation of your order with or without notice and may lead to legal action.
Delivery of Our Products
We offer delivery Services to addresses within Hong Kong Island, Kowloon, and New Territories, excluding any outlying islands or PO Boxes via our courier partners.
Deliveries are free for any orders at or above HKD 350 before any discount(s), otherwise we charge a flat one-time fee of HKD 50 per order. Any re-deliveries will also be charged a flat one-time fee of HKD 50 per order.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. To maintain the quality and integrity of our products after delivery, you should immediately store each product in accordance with the instructions on its packaging label. From the time of receipt, the condition and consumption of our products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of our products.
Pricing and Typographic Errors
We strive to provide accurate information; however, errors may occur. We reserve the right to correct any errors in pricing or product description at any time without prior notice, and to cancel or refuse orders placed based on incorrect pricing or product information without any liability on the part of TMA. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
All transactions on our Website are processed in Hong Kong Dollars (HKD) unless otherwise stated. Please be aware of this when making a purchase as your bank or card issuer may apply a different exchange rate or fees for international transactions.
IndemnificationYou agree to indemnify and hold harmless TMA, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and licensors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, or the failure to fulfil any obligations relating to your account incurred by you or any other third party using your account; or your use of our Website, products and Services.
We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this section or admit any liability on the part of TMA without our prior written approval.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may, at our sole discretion, suspend or terminate your access to all or part of our Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending or terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use our Website will immediately cease, 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 Services (or any part thereof).
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
If you have any questions about these Terms, please contact us at admin@themorningafterhk.com
Last updated: 1 September 2024