1. Terms of service
1.1 Please read carefully the following terms and conditions (“Terms of Service”), which apply to your access and use of our Service, including our various websites, email notifications, applications, APIs, buttons and widgets, and/or any products purchased from our website (individually referred to as “Service” and collectively referred to as “Services”), and/or any information, text, graphics, photos, or other materials that you upload, download, or appear on the Service. In these Terms of Service, the terms “we” and “our” refer to Kyles International Company Limited and “Products” refers to any goods we provide, including the products listed on our website as well as the products that can be purchased through any of our online accounts (including WhatsApp, Instagram and Facebook), our subcontractors, distributors, representatives, or partners. By accessing or using any of the Services, you agree to be bound by these Terms of Service. If you do not accept these terms and conditions of this agreement, please stop using the Service. Violation or breach of any of the Terms will result in immediate termination of your Service.
2. Change of Terms
2.1 We reserve the right to modify and update the content of our webwebsite (including the Services we provide) as well as these terms and conditions at any time at our sole discretion, without prior notice, and without any liability to you. It is your responsibility to regularly check this page for any changes. By continuing to use this Service after the revision of the terms and conditions, you agree to be bound by such revisions.
3. Privacy Policy
3.1 These Terms of Service refer to our Privacy Policy (hereinafter referred to as the “Privacy Policy”) as additional terms, which also apply to your use of our Services.
3.2 Our Privacy Policy sets out the terms under which we process any personal data collected from you or provided by you to us. By using our Services, you agree to such processing and warrant that all data provided by you is accurate. By using the Service, you understand that you consent to the collection and use (as described in the Privacy Policy) of this information, including the transfer of this information to be stored, processed, and used by us both within and outside of Hong Kong. As part of providing the Service to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your membership account with us, and you may not be able to opt out of receiving them.
4. Results
4.1 While we make every effort to help you achieve your health goals, we cannot guarantee results from the purchase of the Food. By using our Products or Services, you acknowledge that you assume the risk and have consulted your doctor or other health professionals regarding any dietary changes.
4.2 We do not claim that our Products, or Services will alleviate, cure, or treat any health conditions or symptoms. Any Products or Services we provide are not intended to diagnose, treat, prevent, or cure any medical conditions.
4.3 We do not guarantee that the quality of any Services, Products, information, or other materials you purchase or obtain will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
5. Changes to Our Service
5.1 Our provided Services are constantly evolving, and the form and nature of the Services we offer may change from time to time without prior notice.
5.2 We also reserve the right, at our sole discretion, to discontinue the provision of the Service (or any features within the Service) or restrict the use and sale of our Products and Services without prior notice. We may exercise this right on a case-by-case basis. In particular, we reserve the right to change the range of Products at any time if products or ingredients are out of stock. In rare cases, products displayed as available on the website may become unavailable. In such cases, you agree and acknowledge that such modifications will not be subject to any liability and, in accordance with the above provisions, you waive any rights to claim any refunds or other charges from us. All Products descriptions or pricing are subject to change at our sole discretion without prior notice. If our Service is unavailable for any reason at any time or for any period, we shall not be liable to you.
6. Product Information, Pricing, Payment Methods and other content on Our Website
6.1 Our product prices are subject to change without prior notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or terminations of the Service.
6.2 We make no representations, warranties, or guarantees, either expressed or implied, regarding the accuracy, completeness, or timeliness of our Services or any content on our website. Any reliance on the information on this website is at your own risk.
6.3 Occasionally, information on our website or within our Service may contain typographical errors, inaccuracies, omissions, or outdated images related to product descriptions, pricing, promotions, discounts, product shipping charges, shipping times, and availability. If any information on the Service or any related website is inaccurate, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders without prior notice (including after you have submitted your order).
6.4 The absence of specified update or refresh dates on the Service or any related website should not be taken to indicate that all information on the Service or any related website has been modified or updated.
6.5 As each person’s computer displays colors differently and there may be deviations in our photography, we cannot guarantee an exact match between the colors and images of the products as they appear on our website and their actual appearance.
6.6 If the prices listed on our website are incorrect (even after we have sent the order confirmation), we are not obligated to fulfill the order. If we discover an error in the price of any product you have ordered, we will notify you and give you the option to reconfirm your order at the correct price or cancel the order. By confirming your order for such a product, you authorize us to charge you additional fees, if applicable. If we are unable to contact you, we will consider the order for that product as canceled. If we cancel the order for such a product, we will refund according to the prevailing refund policy at that time.
6.7 If applicable, prices are inclusive of taxes and calculated in Hong Kong dollars. In addition to the product prices, delivery fees may also be charged. Such fees will be displayed during your shopping process and included in the final total when you submit the order.
6.8 We accept payment methods including but not limited to credit cards, including Visa and Mastercard, and Alipay, Payme, FPS, Octopus Card subject to our availability at that time. By placing an order, you authorize us to transmit information to third parties or obtain information about you from third parties service provider, which may include requesting pre-authorization of your credit card to ensure sufficient funds to complete the transaction, verifying your identity, validating your credit card with the issuing institution, preventing fraud, and ensuring the delivery of your order. Placing an order signifies that you confirm the credit cards or any payment accounts you use including Alipay, Payme, FPS and Octopus Cards, etc. belongs to you or that you are the legitimate holder of the promotional coupon and that you have sufficient funds or credit limit to cover the order cost.
7. Order Confirmation
7.1The information set out in these Terms of Service and any of the Services do not constitute a sales offer but an invitation to treat. All orders submitted by you through our website should be considered as an offer by you to purchase the selected products listed in your order, in accordance with the Terms of Service (“Order”). We do not enter into a binding agreement to sell any products to you until we have accepted the order in accordance with these Terms of Service.
7.2 Upon submitting an order during the online shopping process, you will receive an order confirmation (“Order Confirmation”), which serves as our acknowledgment of your order.
7.3 Processing the payment for an order does not constitute our acceptance of the order. We may still refuse or cancel the order even after sending the confirmation. We will revoke or refund any payments made for that order in accordance with our prevailing refund policy at such time.
7.4 The order is only deemed accepted by us when it is shipped to the address provided by you.
8. Change of order
8.1 We reserve the right to refuse any order placed with us. We may, at our discretion, limit or cancel the quantity purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or using the same billing and/or shipping address. If we make changes or cancel an order due to our own reasons, we may attempt to notify you through the email and/or billing address/phone number (including through WhatsApp Account) provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, contact information and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
8.3 We offer all customers the flexibility to make any changes or requests to your meal plan. However, we require a notice not less 2 working days (minimum notice period prior to the delivery of the first meal of your meal plan or prior to delivery of the Energy Bowls or any of our Products rather than meal plan. And we do not accept any changes including but not limited to paused delivery, delivery address changes, food restrictions, and delivery window changes (if applicable) nor any cancellation after that minimum notice period and during the subscription period of your meal plan once after the first meal was delivered. If cancellation is requested and the minimum notice period is fulfilled, purchase can be refunded but a $200 admin fee will be deducted from your original payment. You must contact us via our WhatsApp number 6228 0995 to notify us your changes during our business hours between 10 am – 5 pm, Monday – Friday, otherwise we will not accept any cancellation. Our office is closed on Typhoon Signal No. 8 or above, Rainstorm warnings (based on Government Gazette), Statutory and Bank Holidays.
8.4 If we refuse or cancel your order due to our availability or our own reasons, and you have already made payment for your order, we will refund payment without any cancellation fee.
9. Delivery
9.1 Our goal is to deliver the Products to you at the delivery location specified in your order at the delivery time indicated by us in your order confirmation according to our delivery route. If you believe that your delivery requires special instructions (such as accessing a secured area of your home or any other building to reach the destination), please notify us when placing your order.
9.2 Your signature or acknowledgment may be required upon pickup. If you are not available and there is no representative available to sign on your behalf, we may leave the Products at your doorstep or front gate and leave a message according to the contact information you provided when you submit your Order. Such action being taken shall be deemed as a successful delivery.
9.3 If any obstacles arise during transportation that prevent us from further accessing the specified unit designated by you, and we have not received your special instructions of gaining access earlier, we will deliver our Products to the doorman or management office of your estates or any place is deemed secured based on the reasonable judgement of our courier, and we will leave you a message according to the contact information you provided when you submit your Order; or we will contact you according to the contact information you left when you submit your Order to re-arrange the delivery (if available) or cancel the order for you. However, considering the nature of our products, in the case of order cancellation under such circumstances, we will not provide a refund for Products that have already been cooked and sent out for delivery.
9.4 If the address you provided is wrong or not accessible that leads to unsuccessful delivery, we will not be held liable for any compensation or responsibility. We will make every effort to notify you according to the contact information you left when you submit your Order to re-arrange delivery (if available) or cancel the order for you. We will not refund for any cancellation under this situation considering the nature of our Product which has already been cooked and sent out for delivery.
9.5 If, having taken all reasonable steps, we are still unable to deliver your Food, we will attempt to contact you to re-arrange delivery (if available) or cancel the order for you. Any failure to contact you is not deemed a breach of these terms should food be delivered. If we cancel your order in anyway or we are unable to deliver the Food in such circumstances, we will not refund for any cancellation considering the nature of our Product which has already been cooked and sent out for delivery.
9.6 The risk of the food will be transferred to you from the time of delivery. Ownership of the food will transfer to you upon delivery. Our staff or any delivery company we designate will not be responsible for the theft of food at the delivery address.
9.7 We will make best effort to deliver the Products within the proposed delivery time, but we cannot and do not guarantee the ability to meet the delivery time, and we shall not be liable for any losses, liabilities, costs, damages, charges, expenses, or fees incurred by you or any third party due to delayed delivery. For the avoidance of doubt, should food be delivered and subsequently goes missing this will be regarded as successfully delivered.
9.8 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.
10. Returns and Refunds
10.1 Due to the nature of our Products, we do not accept any returns of any Products.
10.2 We do not provide refunds of any Products however in the rare event of valid cancellation accepted by us, including cancellation requested before 2 workings days prior to the delivery of your meal plan’s first meal, we would provide refund whereas a $200 admin fee will be deducted. Payment will be reversed or refunded via the same method that payment was originally made. In the event a reversal cannot be done, we will contact you via the contact details provided when you submit your order to determine an agreed refund method.
11. Disclaimer on our Food and Services
11.1 It is suggested to enjoy your meal within 2 hours after you receive them. Since all of our food is fresh and preservative-free, it will go bad if not properly cared for.
11.2 By purchasing our company’s Products and Services, you acknowledge and agree to the inherent natural risks associated with food. You hereby release, discharge, and hold the company harmless from any and all claims, liabilities, and/or causes of action arising out of or in connection with your purchase or consumption of our company’s Products and Services, regardless of whether caused by the company’s, company’s affiliates’, its subsidiaries’, and/or its agents’ and/or company’s negligence. You also hereby indemnify the company and hold it harmless from any and all claims, suits, actions, proceedings, costs, expenses, damages and liabilities, including attorney’s fee, arising out of or in connection with your purchase of the company’s Products and Services. This provision applies to all related company directors, employees, and contractors and ensures that such persons are protected from any and all claims, losses, damages, costs, expenses (including legal fees), or other liabilities that may arise from a breach of these terms. This provision supersedes all other agreements, warranties, representations, and understandings.
11.3 It is also your responsibility to declare all food allergies or food intolerances accurately before purchasing the food. We do not accept any liability for improperly prepared food.
11.4 In no event shall our company, our directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of savings, data loss, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from or in any way related to your use of any Service or the purchase of any Product through this Service, or any other claims related to your use of this Service or any Product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility.
12. Intellectual property rights
12.1 All intellectual property rights in the content, user content, design, text, graphics, and other materials on our website and their selection or arrangement are owned, controlled, or licensed by us. Any use without our prior written permission is strictly prohibited.
12.2 You acknowledge that “i’MMUNE” is our trademark and you shall not use that name. All trademarks, product names, and company names or logos used on our website are the property of us or their respective owners. We do not grant permission for the use of any such trademarks, appearances, product names, company names, logos, or titles, and such use may constitute an infringement of the rights of the respective owners.
12.3 You agree not to upload, post, publish, reproduce, transmit, or distribute any portion of the website itself, its contents, or any access to any service, or create any derivative works related to them, except with the prior written consent of Kyles International Company Ltd or unless expressly permitted in these Terms of Service. The website, Content, and Services are copyrighted under applicable laws.
12.4 You agree that we are free to use, disclose, adopt, and modify any and all ideas, concepts, proprietary techniques, proposals, suggestions, opinions, and other communications and information (“Feedback”) you provide to us in connection with the service and/or your use of the service without any payment to you. You hereby waive and agree to waive all and any rights and claims to any consideration, fees, royalties, charges, and/or other payments related to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
13. Limited liability and warranty
13.1 This website and all contents of the website are provided on an “AS IS” and “as available” basis without any representation, warranties or conditions of any kind, either express or implied, including without limitation warranties of title or implied warranties or conditions of merchantability, merchantable quality, or fitness for a particular purpose, durability, title, and non-infringement. You acknowledge , that your use of the website is at your sole risk, and that we shall not be liable for any form of damage related to your use of this website and our services.
13.2 All content displayed on our website including text, graphics, image and other material is not intended to be a substitute for professional medical advice, diagnosis or treatment. If you have any questions about medical diagnoses or conditions, you must seek the expert advice of your nutritionist, doctor, or other qualified healthcare provider. The information and resources on this website are based on the opinions of the creators and should not be used to make health changes or to determine your diet. Any foods, products, or services mentioned on this page are not intended for diagnosis, treatment, cure, or prevention of any disease.
13.3 Kyles International Company Ltd does not guarantee or assume any responsibility that: (a) the information presented in our Services is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference; (b) the information presented in our Services is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data or equipment; (c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay, or loss; (d) access to the Services will be available or be uninterrupted; (e) use of the Products and/or Services will achieve any particular result; or (f) defects in the Services will be corrected. By using our website, you agree that no data transmission over the Internet can be guaranteed as completely secure. Whilst we strive to protect such information by using reputable third parties like Shopify, WordPress and Stripe, 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. To the extent permitted by law, we exclude all liability (whether 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 website (including using our applications, WhatsApp Business Account or any of our account of any software) or any information on our website; the unavailability of our website (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 website, the merchant except otherwise specified in these terms and conditions
13.4 Without limiting the generality of the foregoing, in no event will the Kyles International Company Ltd Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, or inability to use, the information or the Products and/or Services, even if any of the Kyles International Company Ltd Entities has been advised of the possibility of such loss or damages.
13.5 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Products and/or Services. You are responsible to ensure that your use of the information, Products, and/or Services complies with all applicable legal requirements.
13.6 You hereby indemnify Kyles International Company Ltd against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) suffered or incurred by Kyles International Company Ltd in connection with any claim brought against Kyles International Company Ltd for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Products and/or Services. This clause shall survive termination of the Terms of Service.
13.7 In any case, the entire liability of the Kyles International Company Ltd entities and your exclusive remedy with respect to the products and/or services or otherwise, is re-performance of defective services. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant, or guarantee any material, product, or service provided through us or our services. We are not and will not be a party to any transaction between you and any third party.
14. Use of Internet / Internet Security
14.1 When accessing or using the Service, you must not: (i) access, tamper with, or use non-public areas of the Services, Kyles International Company Ltd‘s computer systems, or the technical delivery systems of Kyles International Company Ltd or its vendors; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search our website or backend by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and solely in accordance with those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending viruses, trojan, worm, logic bomb, or other malicious or technologically harmful materials, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
14.2 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14.3 We reserve the right at all times (but have no obligation) to remove or refuse to distribute any Content on the Services, to refuse any Order, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (V) protect the rights, property, or safety of Kyles International Company Ltd, its users, and the public.
14.4 We do not guarantee that our Services will be secure or free from bugs, erros or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our website. You should use your own virus protection software.
14.5 You may link to our Service, provided that you do so in a fair and legal manner that does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service on any website that is not owned by you. We reserve the right to withdraw linking permission at any time without prior notice.
14.6 The links from the Services may direct you to other websites or services and you acknowledge and agree that Kyles International Company Ltd is not responsible or liable for the accuracy or availability of any Information, content, goods, or services provided by third-party websites or services.
14.7 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Kyles International Company Ltd on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Kyles International Company Ltd and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
14.8 The links to other websites and services do not constitute our endorsement of such websites or services, nor do they constitute our endorsement of the information, products, advertising, or other materials provided by such third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
15. Indemnity / INDEMNIFICATION (use of website)
15.1 You agree to indemnify, defend and hold Kyles International Company Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, costs and expenses, including costs and attorney fees, arising from or related to your use of the website and our services, or your violation of any law or the rights of a third-party.
16. SEVERABILITY
17. Force Majeure and typhoon NO. 8
17.1 No party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control, including but noy limited to typhoon NO. 8. In such an event, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
17.2 A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm or severe weather, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
18. Government Law
18. These terms and conditions shall be governed by and construed in accordance with the law of Hong Kong. The parties irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute arising out of, under, or in connection with the use of the website and the purchase of goods from Kyles International Company Ltd, and to submit all disputes to the jurisdiction of the courts of Hong Kong.
19. In case of any disputes on our price, promotions and website contents, Kyles International Company Ltd reserves the right of final decision.
20. CONTACT INFORMATION
Our contact information is posted below:
info@immunehk.techcommteamc.com
WhatsApp at 6228 0995
Flat F6, 5/F, Wah Fai Industrial Building, 4 Sze Shan Street, Yau Tong, Kowloon.
Our business hours is 10 am – 5 pm, Monday – Friday.
