WELCOME TO THE NEW LUNCHER
Welcome to The New Luncher, located at www.thenewluncher.hk (our “Site”).
User’s Acknowledgment and Acceptance of Terms
This page (together with the documents referred to herein) tells you the terms and conditions upon which we will supply to you the products (Products) listed on our Site via our services (Services). Please read these terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by using our Services, by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. If you don’t agree to these Terms, please do not use our Services.
We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or have communicated them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
THE SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER.
By using The New Luncher’s website, you acknowledge that you are at least 18 years old and capable of forming a binding contract with The New Luncher and are not barred from using the Services under applicable law. If you’re under 18 years old, you may not use any of our Services.
Registration and Your Information
If you want to use the Services you’ll have to create an account (“Account”) on www.thenewluncher.hk. You can do this on our Site or through your account with certain third-party social networking services, such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete, and up-to-date information for your Account, so you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them, so please keep your password secret and secure. We want to keep all our users safe, so we reserve the right, in our sole discretion, to disable, suspend, cancel, or delete any Account for any reason, or to refuse any user access to any of our Services.
We provide a Site through which users can buy quality healthy prepared meals and food products (“Meals”). You can purchase Meals by signing up for one of our meal subscriptions.
For more information about our Subscription Meal Plan, please visit www.thenewluncher.hk on the Site and our FAQs. We make a conscientious effort to describe and display every Meal on The The New Luncher’s website. Occasionally a Meal won’t look exactly as it was described to you or may not include the exact contents described in its listing due to availability or market conditions beyond our control, for example. You understand that this is normal, and you agree to accept such a Meal, regardless of reasonable variation from its description. We can’t and don’t guarantee the accuracy or completeness of any description of any Meal. We reserve the right to change or update any such description, to substitute specific meal ingredients and to correct errors, inaccuracies, or omissions at any time without giving you notice.
We strive to provide you with high-quality products. Given the perishable nature of our products, from time-to-time certain products may be unavailable due to market conditions beyond our reasonable control or to quality that is below our standards. In the event that one of our ingredients or products is unavailable for any reason, and we have a replacement item that is comparable to such ingredient or product, we may make a substitution in our discretion.
Blog posts and other Content on www.thenewluncher.hk may contain recipes, meal recommendations, dietary advice and the meals delivered in connection with our Services will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any meal to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. If you have a complaint or dispute concerning a Meal you’ve ordered through www.thenewluncher.hk, please contact us at [email protected], and we’ll try to fix the problem in the manner we deem appropriate. You use our [email protected] at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, and employees not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services.
All prices are shown in Hong-kong dollars and applicable taxes and other charges (including delivery charges), if any, are additional. Prices, taxes or other fees may vary geographically.
We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that we will provide you with at least seven (7) days advance notice of any price changes associated with your meal plan rate. Your acceptance of Deliveries of The New Luncher Service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Subscription Service in accordance with this Agreement.
When you buy a Meal through www.thenewluncher.hk (“Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing, schools for delivery (such information, “Payment Information”).
You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription Meal Plan or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
All sales are final. But if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order we’ll refund any payment you may already have remitted to us in accordance with these terms.
When you register on www.thenewluncher.hk, you expressly acknowledge and agree The New Luncher (or our third party payment processor) is authorized to charge you on a monthly basis for your meal subscription (in addition to any applicable taxes and other charges) for as long as your meal subscription continues until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms. You may skip your monthly subscription meal plan order as often as you'd like by managing your delivery schedule on your delivery schedule page.
Cancellation & Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access to www.thenewluncher.hk and to order, receive and use the Products, at any time and for any or no reason, and you agree that we shall have no liability or obligation to you and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
You may cancel your Monthly Meal Plan at any time prior four (4) days before delivery in your account settings or emailing us at [email protected]. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any meal order processed prior to the cancellation of your Monthly Meal Plan. In the event you cancel your Monthly Meal Plan, please note that we may still send you promotional communications about The New Luncher, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. Upon any termination, discontinuation, or cancellation of Services or your Account, the following Terms will survive: content ownership, warranty disclaimers, limitations of liability, and dispute resolution.
From time to time, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
We would love to hear from you! The New Luncher welcomes feedback, comments, and suggestions for improvements to www.thenewluncher.hk You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Content & Trademark
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through our Services.
“The New Luncher”, The New Luncher logo and any other The New Luncher Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of The New Luncher and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “The New Luncher” or any other name, trademark or Product or service name of The New Luncher without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of The New Luncher and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, suppliers or otherwise does not constitute or imply endorsement, sponsorship or recommendation by The New Luncher.
You agree not to do any of the following :
- Use, display, mirror, or frame our Site or any individual element within www.thenewluncher.hk, Services, or App; The New Luncher’s name or any The New Luncher trademark, logo, or other proprietary information; the layout and design of any page or form contained on a page without The New Luncher’s express written consent;
- Access, tamper with, or use non-public areas of the Site, The New Luncher’s computer systems, or the technical delivery systems of The New Luncher’s providers;
- Attempt to probe, scan, or test the vulnerability of any The New Luncher system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by The New Luncher or any of The New Luncher’s providers or any other third party (including another user) to protect the Site, App, Services, or any of their Content;
- Attempt to access or search the Site, App, Services, or any of their Content or download any Content from them through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data-mining tools, and the like) other than the software or search agents provided by us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a The New Luncher trademark, logo URL, or product name without our express written consent;
- Use the Site, App, Services, or any of their Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting or in any way use the Site, App, Services, or any of their Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, Services, or any of their Content;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, App, or Services;
- Collect or store any personally identifiable information from the Site, App, or Services from any other user without the user’s express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We’re not responsible for the availability of outside websites or resources linked from our Site or our App. We don’t endorse and aren’t responsible or liable for any content, advertisements, products, or other materials on or available from such websites or resources. You understand and agree that we won’t be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
www.thenewluncher.hk may include interactive features and areas that allow you to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Site or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts The New Luncher or our Products but fails to disclose a material connection to us.
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose The New Luncher or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
The services and meals are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
You will indemnify and hold harmless The New Luncher and our officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
These Terms and any action related to them will be governed by the laws of Hong-kong without regard to its conflict of laws provisions.
Limitation of Liability
You expressly understand and agree that neither The New Luncher, nor any of its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The New Luncher or the applicable The New Luncher party has been advised of the possibility of such damages), to the fullest extent permissible by law for: the use or the inability to use the Service and/or any other content, information, products and/or services offered by and through same; the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Services; the unauthorized access to, or alteration of, your account information; the failure to realize any specific dietary benefit or other health-related outcome; and/or any other matter relating to the Services and/or any other content, information, products and/or services offered by and/or through same. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release The New Luncher from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of The New Luncher to you under any and all circumstances will be as set forth in the dispute resolution provisions of these terms and conditions. No action, regardless of form, arising out of your use of the Services and/or any other products and/or services offered by and/or through same, may be brought by you or The New Luncher more than one (1) year following the event which gave rise to the subject cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and The New Luncher. Access to the Services and/or any other content, information, products and/or services offered by and/or through same would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions the liability of The New Luncher shall be limited to the maximum extent permitted by law, including the maximum limitation available under laws.
These Terms constitute the entire and exclusive understanding and agreement between you and The New Luncher regarding the Services and Content. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or the Services, please contact us at [email protected]
The New Luncher Ltd.
15/F Shun Feng Intl Centre, 182 Queens Road East, Wan Chai
Company Reg. Number : 67877795
Food Factory Licence : 2911804533