TERMS OF SERVICE

Hello, welcome to www.plentiday.com, a website that enables online purchases of Plentiday's frozen smoothie.

The terms "Plentiday", "we", "us" and "our" refer to PLENTIDAY FOOD SDN. BHD.

By accessing our website, you are agreeing to be bound by the below terms and conditions, together with any stated policies. Please read carefully every time when you access and before continuing to access or purchase on this website, as we reserve the right to change the terms and conditions as well as stated policies without prior notice.

 

 

1. ACCESS AND ACCOUNT

 

  • You are at least the age of majority in your state or province of residence for online purchases.
  • You have given us your consent to allow any of your minor dependents to accessing or browsing or purchasing on our website.
  • All the information you provide in our stores is correct, current and complete.
  • You may not transfer, sell, assign, or license your account to any other person.

 

 

2. OUR PRODUCT

 

  • Displaying images is for illustration purposes only.
  • Most of our product ingredients are natural foods, due to natural variation such as environmental factors and growing conditions, different batches of produce may be slightly different and are not 100% precise from images and as per description. It may also be subject to its availability. However, we will try our best to maintain or search for a replacement that is close to the quality.
  • Product appearance and colours may also differ from how they may appear on your screen based on the type of device you use, device settings, and configuration to access the website. 
  • We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

 

 

3. ALLERGEN AND HEALTH DISCLAIMER 

 

  • Our product is not a supplement or a medicine, and we do not provide any health advice and treatment.
  • All of our products may contain soy, nuts, and seeds. You should check the ingredient list first before consumption.
  • We are not responsible for any allergic reactions and health-related issues.

 

 

4. ORDERS AND PURCHASES

 

  • When you place an order and authorize a successful transaction, you agree to purchase our product. 
  • Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests or change the order details after an order is complete.
  • We will process your purchases following our shipping policy.
  • In the event that we make a change to or cancel your purchase, we will notify you by contacting your email or phone number and refund your paid amount.
  • Please refer to our return and refund terms here, all purchases are not allowed for return, exchange, and refund.
  • You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

 

5. PRICES AND BILLING

 

  • Prices, discounts, and promotions are subject to change without notice.
  • All posted prices do not include taxes and shipping fees.
  • We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these terms.
  • You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our website.

 

 

6. INTELLECTUAL PROPERTY

 

  • All contents on this website are owned by PLENTIDAY FOOD SDN. BHD.
  • You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material without our prior written consent.

 

 

7. PRIVACY POLICY 

 

  • All personal information we collected is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to our website service provider Shopify's Privacy Policy, which can be viewed here. By using their services, you acknowledge that you have read these privacy policies.
  • Because the services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the services in order to provide and improve the services for you. Information you submit to the system will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information. 

 

 

8. PROHIBITED USES 

 

  • You may access and use this website for lawful purposes only and may not use it to conduct any unlawful activities or to harm any party or person, including PLENTIDAY FOOD SDN. BHD.
  • We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these terms.


 

9. TERMINATION 

 

  • We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
  • All the terms and conditions stated here will continue to apply following any termination and any other provisions that by their nature should survive termination.

 

 

10. LIMITATION OF LIABILITY 

 

  • To the fullest extent provided by law, in no case shall plentiday food sdn. bhd., our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services 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 the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.


 

11. INDEMNIFICATION

 

  • You agree to indemnify, defend and hold harmless PLENTIDAY FOOD SDN. BHD., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

 

 

12. TERMINATION 

 

  • We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
  • All the terms and conditions stated here will continue to apply following any termination and any other provisions that by their nature should survive termination.

 

 

13. SEVERABILITY

 

  • In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

14. WAIVER; ENTIRE AGREEMENT

 

  • The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  • These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
  • Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

 

15. ASSIGNMENT

 

  • You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

 

 

16. GOVERNING LAW

 

  • These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where PLENTIDAY FOOD SDN. BHD. is headquartered. You and PLENTIDAY FOOD SDN. BHD. consent to venue and personal jurisdiction in such courts.

 

 

17. HEADINGS

 

  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

18. CONTACT INFORMATION

 

  • Questions about the Terms and Conditions should be sent to us at plentiday@gmail.com.