PLUM TERMS AND CONDITIONS OF SERVICE
If you have any questions relating to these terms and conditions please contact us before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
1. INFORMATION ABOUT US
The Website is operated by Yes Plum Limited, a company registered in Hong Kong of Level 7, Nan Fung Tower, 88 Connaught Road Central, Central, Hong Kong. Yes Plum Limited (“we” or “us” or “Plum”) is a company incorporated in Hong Kong and operating a business where the food is prepared by independent restaurants (our “Partner Restaurants”) and delivered by us.
The purpose of our Service is to provide a simple and convenient service to you, whereby Plum curates a selection of Food which can be ordered by you through our app. Plum curates and delivers Meals on behalf of our Partner Restaurants, concludes orders on their behalf and delivers the Meals to you between the times of 12pm-1pm.
3. SERVICE AVAILABILITY
Plum offers a food curation, ordering and delivery service from our Partner Restaurants in Hong Kong. We curate Meals for our clients each day from our Partner Restaurants, choosing the best and most exclusive dishes to provide our Customers with Access to over 40,000 Partner Restaurants in Hong Kong. To ensure that each Meal reaches you at their best, we have a cut off time of 10am each morning. Our ordering will be available from Midnight the night before. If you try to order outside of these hours, a message will appear on screen notifying you that online ordering is not possible. We do not accept orders from individuals outside of these ordering times. Our menus will be available for viewing the day before ordering commences. Please visit the app in order to view our chosen menu.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by us (the “Confirmation Email”) will be sent to you by us. The contract for the supply of any Meal you order through us will be between you and us [Is the contract between us or Partner Restaurant] and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please note that we will also communicate with you via Push Notifications through the App, please ensure that these are turned on so that messages will be able to get through. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not arrive at the pick up point, or respond to telephonic correspondence within 10 minutes of our service team physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Plum seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals by emailing or calling us. You can reach us by messaging us by email or on +852 3975 2771.
All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with, in this event, we will contact you to inform you of the alternative choices. Our Partner Restaurants may use nuts and other allergens in the preparation of certain Meals. Please order at your own discretion, alternatively please check with us if you have any allergies. Plum cannot guarantee that any of the Meals provided by our Partner Restaurants are free of allergens.
6. AVAILABILITY AND DELIVERY
Our aim is to provide the best service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
You have the right to cancel an order any time before the 10am cut off time and before the order becomes a Started Order. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a “Started Order”). Customers can cancel an order by contacting Plum. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Plum will be reimbursed usually using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. For the purposes of this Clause, Plum alone will determine whether an order is a Started Order or not.
8. PRICE AND PAYMENT
The price of any Meals will be listed on our Service. Prices will vary between menus. Prices posted on the App and Website are liable to change at any time, please confirm the latest prices available on the App and Website before you make an order, but changes will not affect orders in respect of which you have been presented with the Confirmation Email. Payment for all Meals can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. If you are using a credit card from overseas cross border charges may be applicable. Payment is made directly to Plum and is subsequently passed on by Plum to the Partner Restaurant. We are authorised by our Partner Restaurants to accept payments for any Meals provided. The payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant.
10. VOUCHERS/ PROMOCODES/ OFFERS
Unless otherwise stated:
Vouchers/ Promocodes/ Offers are only applicable to food orders, excluding any other fees
Valid only for online payment
Plum reserves the right to cancel orders and accounts if fraudulent activities are detected
Plum reserves the right to stop this Voucher/ Promocode/ Offer to be used on certain restaurants without prior notice
Individual restaurants terms & conditions apply
Individual Terms & Conditions for each Voucher/ Promocode/ Offer apply
Each Individual Voucher/ Promocode/ Offer may be applied to each account or each order once only.
Vouchers/ Promocodes/ Offers may not be exchanged for cash and may only be valid for the goods and or services stated
11. OUR LIABILITY
To the extent permitted by law, Plum provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, Plum shall not be liable to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service, or any loss of profit, loss of business, business interruption, or loss of business opportunity. In the event that Plum is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. Nothing in this Clause shall operate so as to limit or exclude in any way Plum’s liability for any liability which cannot be excluded or limited by law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
12. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under these terms arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 10 shall excuse the Customer from any payment obligations under these terms.
No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision of these terms becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of these terms.
15. ENTIRE AGREEMENT
Each party acknowledges that in entering into these terms it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other party in relation to the subject-matter of these terms at any time before the date of these terms (together “Pre-Contractual Statements”), other than those which are set out in these terms.
Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements. Nothing in this clause shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17. LAW AND JURISDICTION
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