1.1 You are responsible to ensure someone is at the specified location to receive the delivery.
1.2 In the event that the receiver is absent for the delivery, you are responsible to contact Homegrownfoods within the next 24 hrs to arrange redelivery, HGF is not liable for any compensation to you resulting from your absent at the scheduled delivery.
1.3 You are committed to the delivery schedule specified in this agreement, in the event the schedule cannot be kept, HGF reserves the right to charge a handling fee of $50 per breach of schedule. A minimum of 48 hours notification is required, through our website. Any breach longer than seven days will be considered a suspension, referred to clause 3.
2.1 Fees payable by you are detailed on the front of this agreement. Once you have signed or agreed via electronic payment, your contractual period begins at specified time requested. All paid fees are non-refundable and non-transferable. HGF reserves the right, at its sole discretion, to claim against you for penalty charges. An administration fee of HKD1000 to cover HGF administrative costs will be charged in the event of a breach of this agreement, including but not limited to early termination or transfer.
2.2 You acknowledge that the produce provided by HGF is subject to seasonal and other price rises beyond the control of HGF. Fees might be increased or reduced subject to a 30 day’s notice, at the discretion of HGF. HGF is not liable for any compensation to you resulting from such changes.
2.3 If you fail to pay the monthly fees, HGF is entitled to suspend deliveries without notice. Notwithstanding such suspension, you are liable for all agreed monthly fees until this agreement is terminated. If you fail to pay your monthly fees, Homegrown Foods has the right in addition to any other remedy to charge a late payment fee of HK100 for each month of non-payment or late payment.
2.4 Auto pay will stay active until the full term of your agreement has been fulfilled. HGF s reserves the right, at its sole discretion, to pursue legal action for any non-payment.
3. SUSPENSION BY YOU
3.1 You may suspend your account for a maximum of 12 weeks in 12 months, and the minimum period of suspension is one week.
3.2 Suspensions will be charged HK$199 per suspension.
3.3 If you have a Monthly Committed Autopay or Prepaid Package, the Package Expiry Date will be extended by the number of weeks suspended.
3.4 No backdated suspension is allowed.
3.5 Suspensions are only eligible for package periods of 3 months or more.
3.6 You must give a minimum of 10 working days prior to your next scheduled autopay date for your suspension to be effective. This notice will need to be completed using Homegrown Foods online suspension application form.
4. LIMITATION AND LIABILITY
4.1 You should be aware that in consuming HGF vegetables or products there is the risk or possibility of allergies or sickness.
4.2 You voluntarily accept the risk of allergies and sickness involved in such consumption and agree that neither Homegrown foods, nor its employees or agents shall be responsible for any claims, demands, damages, losses, loss of profits or business, actions or legal proceedings due to death, injury, allergies, sickness, damage to your person or property or to the person or property of other participants; and
4.3 You hereby agree to defend, indemnify on demand and hold harmless to the maximum extent allowed by law Homegrown Foods, any of its employees or agents from all and any claim which may be brought against them for any such sickness or allergies of claims as aforesaid and all costs and expenses incidental thereto.
4.4 Photos and the descriptions displayed on the website is solely for reference, the real products received may vary with the information (including text and images) displayed on the website.
5. TERMINATION BY HGF
5.1 HGF may terminate this agreement without notice and with immediate effect if your conduct is such that, in the reasonable opinion of Homegrown Foods, it may be injurious to the character or interests of HGF or to other users of Homegrown Foods or if you breach of the terms and conditions as from time to time are in force. All decisions of Homegrown Foods under this clause are final and binding.
5.2 HGF shall be entitled to terminate this agreement if you fail to pay monthly fees for three months or more, by giving one month’s written notice to you. Such termination shall not affect the right of Homegrown Foods to recover the unpaid fees and interest and related cost and/or expenses.
5.3 In the event of termination under clause5, you shall lose all rights privileges under this agreement with immediate effect of your initial enrolment fee, or monthly fee for the month which termination occurs shall be payable to you. On termination of this agreement, you shall immediately return your vegetables container and settle any outstanding debts owing to Homegrown Foods.
5.4 HGF shall also be entitled to recover from you all costs and expenses, including legal costs incurred in connection with the recovery of unpaid fees and interest and other losses or damages caused by you on an indemnity basis.
6. TERMINATION PROCESS
6.1 If you hold a Monthly Committed Autopay Package, you may not terminate this agreement and such will continue on a month to month basis unless HGF receives from you a Non-Renewal Form on or before 28 days before the Package Expiry Date, or if your Non-Renewal Form is not served on Homegrown Foods after 28 days before the Package Expiry Date then by a Termination Form.
6.2 Your contract will then expire one month after the following 15th of the month bill cycle. If we have not received your Non-Renewal Form, your contract will automatically continue on a monthly basis after the term by billing you on autopay each month.
6.3 If you hold a Prepaid Package, you may not terminate this agreement within the Prepaid Period.
6.4 For the avoidance of doubt, if your request to terminate is given after the dates under clause 6.2 above, then you will be charged one month’s monthly fee, which is non-refundable, and your rights and privileges under this agreement shall expire two months after the deduction.
7. PERSONAL DATA
7.2 The personal date given by means of this agreement may be disclosed to any member of Homegrown Foods associated companies, any agent, contractor or person who provides administrative, telecommunications, computer and other service to Homegrown Foods in connection with operation of HGF business.
7.3 You have a right of access and correction with respect to your personal data in accordance with Personal Data (Privacy) Ordinance upon payment of a reasonable fee. Your right to access includes the right to obtain a copy of the personal data which you have provided by the means of this agreement.
8. BOX RETURN
8.1 You agree to return any vegetables containers at their following delivery.
8.2 Return schedules are decided and committed by you, please refer to clause 1 (under "delivery") for breach of schedule.
8.3 Homegrown Foods is entitled to charge a penalty of HK$ 500 if you failed to return a total of any three containers.
8.4 Any damage cause to the containers by you will be charged to you at its total cost of HK$160.
9.1 The failure of HGF to enforce any of its rights at anytime for any period shall not be construed as a waiver of such rights.
9.2 HGF may as its sole discretion amend, vary, delete or add to these terms and conditions with immediate effect. You will be advised of any changes by notification on HGF website.
9.3 You may not assign your rights under this agreement, HGF reserves the right to assign this agreement to any subsidiary, holding or related company.
9.4 This agreement shall be governed and construed in accordance with the laws of the Special Administrative Region of Hong Kong.
9.5 In the event of any real or apparent conflict arising between English and any Chinese versions of this agreement, which Homegrown Foods may publish, the meaning of the English shall prevail.
10.1 This agreement must be signed and returned on your 2nd delivery, failed to do so will result in delivery suspension, by HGF, by discretion, until it is returned.
*references to HGF includes references to Homegrown Foods China Limited its subsidiaries, holding or related companies (if any)