Terms of Service

TERMS AND CONDITIONS

You have read, understood and accepted all the terms and conditions (“T&Cs”) as laid out in this contract. FITTERY provides the content and its products and services available on the website, www.fitteryhkumed.com (“Site”) to you subject to the following T&Cs. You may be accessing our Site from a computer or mobile phone device and these T&Cs govern your use of our Site and your conduct, regardless of the means of access. Please read these T&Cs carefully and keep a copy for your records. If you have any uncertainty with your diet, health, or on any medication or treatment programs, we strongly recommend that you seek medical advice before starting any FITTERY Meal Prep program or consuming FITTERY meals. Cloud Kitchen Concepts Limited and its associated brands or affiliates inclusive of FITTERY (from hereon referred to as “we”, “us”, “our” or “Company”) are not liable for any illness or medical reaction caused by contact with or consumption of FITTERY branded food (from hereon referred to as “Food”). If you have any type of serious food allergy, we ask that you refrain from purchasing and consumption of Food immediately.

 

RESULTS

Whilst we do everything we can to help you achieve your health targets, results from the purchase of the Food are not guaranteed. Deviation of macros may occur during the weighing process which may lead to differences in total daily calories consumed. As a result, FITTERY Meal calories and macros should only be considered as the best guide to achieving your health goals. For best results, the Food should be combined with daily exercise. Furthermore health results, inclusive of fat loss, and muscle gain may vary from person to person for several reasons including but not limited to environment, genetics, age, health, medical conditions, metabolic rate, and physical exertion.

We reserve the right to refuse any order placed by you at any time prior to acceptance in our sole and absolute discretion.

 

REFUND

We do not offer refunds however in the rare event of cancellation or monetary compensation, a $100 admin fee will be deducted. You can reach us on WhatsApp 6472 7082 or Email hello@fitteryhkumed.com.

 

FOOD

After we have delivered the Food to you, you shall be solely responsible for, and assume all risks related to the proper handling, storage, cooking, and consumption of the Food. In the event of products or ingredients of the Food becoming unavailable, we reserve the right to change the product range at any time and from time to time without prior notice. In rare cases, a product that is shown as available on the Site may become unavailable. Under such circumstances, you agree and acknowledge that no penalty shall be applied for such modifications and that subject to the above, you waive all rights to claim any or other costs from us.

If the Food is not eaten immediately, please refrigerate the Food immediately upon delivery and follow the refrigeration instructions as labelled on the Food.  

For optimal taste, please heat the Food as per packaging instructions to ensure optimal safety and taste of our meals.

To ensure freshness of your Food and food safety, advance planning should be made by you for the immediate and proper storage of the Food upon delivery.

Failure to follow safe food handling and storage practices and heating instructions may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune system should follow the Hong Kong Centre for Food Safety’s recommendations on food consumption for at-risk groups, which can be found here.

 

ALLERGEN INFORMATION

It is your personal responsibility to select food allergies or food intolerances accurately prior to the purchase of food, as part of the Site ordering process. We will do our best to fulfil the requests on a commercially reasonable basis. However, we do not accept any liability for the Food that are prepared incorrectly. We suggest if the allergy is of a serious nature, you should refrain from purchasing our Food or seek medical advice prior to consuming our Food Given our food factory handles large volumes of food including a wide range of ingredients which you may be allergic to, it is impossible to guarantee that no contamination or misplacement of ingredients will occur.

You are solely responsible for knowing about any food allergies you may have and verifying the Food and their contents before purchasing and consuming the Food.

Please note that the Hong Kong Centre for Food Safety has identified eight major allergens which are (1) cereals containing gluten, (2) crustacea and crustacean products, (3) eggs and egg products, (4) fish and fish products, (5) peanuts and their products, (6) soybeans and their products, (7) milk and milk products, (8) tree nuts and nut products pursuant to paragraph 2(4E) of Schedule 3 of Hong Kong’s Food and Drugs (Composition and Labelling) Regulations (Cap 132). The aforesaid allergens may be stored, processed, and packaged in our food factory and as a result, it is impossible to guarantee that no contamination or misplacement of ingredients will occur.

We recommend that you do not rely solely on the information presented on our Site and that you consult the product labels or contact our Company if you have a specific dietary or allergic concern or question about our Food.

 

DELIVERY

From time to time, we may use a third-party courier company (from hereon referred to as “Delivery Company”) to deliver the Food.

As a guide, we aim to deliver food within the timeslot according to your delivery location. However, when you purchase a product from our Site, any delivery times shown are estimates only. Actual delivery times may vary depending on unforeseen circumstances, e.g. security clearances, road closure, inclement weather (including but is not limited to a tropical cyclone warning signal number 8 or above, a black rainstorm warning, or “extreme conditions” caused by a super typhoon as announced by the Government of Hong Kong is/are in force, in Hong Kong (from hereon referred to as “Inclement Weather”)). Please note that delivery dates may also vary on days with Inclement Weather depending on government announcement(s). Under such circumstances, we will not be held responsible for any delay of delivery. The above delivery time is a guide only and we do not accommodate and guarantee specific delivery arrival times. Failure to deliver at such time will not constitute breach of these T&Cs.

All Food will only be delivered based on the specified address provided by us at the time of your order, and is part of our approved delivery locations only. Once the Food is delivered in accordance with our Site, all delivered Food is deemed to be your responsibility. For the avoidance of any doubt, should the Food be delivered in accordance with Site instructions and subsequently goes missing or stolen this will be regarded as a successful delivery.

Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery and neither we nor our Delivery Company shall be obliged to verify the identity of the person who receives the delivery with the delivery address. In cases in which you have designated a alternative receiver, such person shall accept the delivery under all of the same T&Cs that would apply had you accepted the delivery yourself.

If, having taken all reasonable steps, we are unable to deliver your Food, we will attempt to contact you. We will only attempt to contact you to notify you of the other arrangements as per Site. Any failure to contact you is not deemed a breach of these T&Cs should the Food be delivered according to your instructions. If we are unable to deliver the Food in such circumstances, we reserve the right to charge you for the Food that you should have received that day in any event.

The Food will be at your risk from the time of delivery. Ownership and risk of the Food will pass to you upon delivery. Neither us or any delivery company appointed by us shall be deemed responsible for any theft of the Food from the delivery address.

We expressly disclaim all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.

 

MEAL PREP ORDERING CYCLE AND CHANGE REQUESTS

Our typical Meal program is served from Monday to Friday. There will be no meals for weekends, statutory and bank holidays. We also reserve the right to not provide Food during Inclement Weather .

If a successful order is made on or before 3 pm on Thursday for Meal Prep cycle, the earliest start day is on coming Monday.

We understand customer work schedules can vary. We offer all customers the flexibility to make any changes or requests to your Food on a reasonable and practical basis, please note the following:

You may contact us either by email or WhatsApp on (852) 6472 7082 with your order number to notify us your proposed changes by 11am two business days prior to your proposed change to allow us sufficient time to process your request.

 

Please note our business hours are between 10 am – 5 pm, Monday – Friday. Our office’s business days are Monday to Friday, other than days with Inclement Weather, statutory and/or bank holidays.

 

WEBSITE USE AND DISCLAIMER OF WARRANTIES AND LIABILITIES

Whilst we do our best to provide you the best website experience, we do not represent or warrant that access to our Site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free. We do not represent or warrant to you that our Site or any of its contents will be accurate, complete or reliable and error free at all times. By using our Site, you agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information by using reputable third parties like Shopify and Paypal, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. You will exercise and rely solely on your own skill and judgement in your use and interpretation of the information, materials, and instructions on the use, handling, and consumption of our products. You are responsible to ensure that your use of the information, products, and services complies with all legal requirements. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of: any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site (including using our applications or software) or any information on our Site; the unavailability of our Site (or any part of it), merchandise or services; any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services; any misrepresentation on or relating to our Site, the merchandise or the services. Save as required by law:  we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and we will have no liability to pay any money to you by way of compensation except otherwise specified in these T&Cs.

 

THIRD PARTY LINKS

We are not responsible for the content of any off-website pages, or any other websites linked to or from our Site (including third-party sites) (from hereon referred to as “Third-Party Sites"). Links appearing on our Site are for convenience only and are not an enforcement by us, our parents, subsidiaries, affiliates, or partners of the referenced content, product, service, or supplier. You use and access these Third-Party Sites is at your own risk. We are in no way responsible for examining or evaluating the Third-Party Sites, and we do not warrant the offerings of Third-Party Sites linked to or from our Site nor do we assume any responsibility or liability for the actions, content, products, or services of such Third-Party Sites, including but without limitation to Third Party Sites’ privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of Third-Party Sites that you visit.

 

VIRUSES

You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible for any computer viruses, system failures, malicious software, trojan-horse, or malfunctions (from hereon referred to as “Viruses”) which may occur in connection with your use of our Site, including during hyperlink to or from Third-Party Sites. We make no representations or warranties that such defects, errors, loss, and/or damages resulting from the Viruses will be corrected.

 

YOUR ACCOUNT

You may view and use many features of our Site without registering, but in order to access and use some parts of our Site, you may need to register an account with us. If you choose to register at our Site, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been unauthorized user of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information for your account. You agree to accept responsibility for all activities that occur under your account, username, and/or password. If you are accessing and using our Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all T&Cs provided herein, and to the extent you do not have such authority, you agree to be bound to these T&Cs and to accept liability for harm caused by any wrongful use of our Site or content resulting from such access and use. You may cancel your account with us at any time by emailing us at hello@fitteryhkumed.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these T&Cs are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

 

INDEMNITY

By purchasing our Food and services you agree there is a natural element of risk associated to the nature of product, namely being our Food. To the fullest extent permitted by law, you hereby release, discharge and hold harmless the Company from and against any and all claims, liability and/or causes of action you may have incidental to your purchase or consumption of our company products and services. WHETHER OR NOT RESULTING FROM OR CAUSED BY NEGLIGENCE by, of and/or on the part of the Company, you hereby agree, to the fullest extent permitted by law, to indemnify and hold harmless the Company., from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of your purchase of the company products and services.  This clause includes all related company directors, employees and contractors, and to hold such personnel 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 covenants, warranties, representations and agreements herein.

INTELLECTUAL PROPERTY

All intellectual property rights in the content, user content, design, text, graphics and other material on our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.

All trademarks, product names and company names or logos used in our Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

We reserve the right at any time without notice to revise the content of our Site (including the services offered by us) and these T&Cs. Any changes to these T&Cs will be posted on our Site and by continuing to use our Site following any such change you will signify that you agree to be bound by the revised T&Cs of use. This right includes the right to change any of the documentation which forms part of these T&Cs.

 

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance, of any of our obligation under a contract between you and our Company by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and include events such as an act of God, Inclement Weather, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure to utility service or transportation, request from a government, or interference from civil or military authorities.

 

LEGAL JURISDICTION

These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.