- These are the terms and conditions on which we supply A subscription, A concierge service (“Service“), and purchases made on the client’s behalf (“Products”) to you through our website (our “Platform”).
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
Information about us and how to contact us
- We are Founce Global, a company registered in Hong Kong, trading as Founce Global. Our company registration number is 56935891-000-11-20-3.
- For any questions or problems relating to our Platform, our Services, or these terms, you can contact us by Whatsapping our customer service team at +852 9733 0086 or email us at Hello@founce.global
- If we have to contact you, we will do so by Whatsapp or by writing to you at the email address.
- When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
- You may choose one of our Services as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your Service, we will let you know in writing and will not charge you for the Service. This might be because:
- the Service is oversubscribed;
- there are unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Service; or
- we are unable to meet the delivery deadline you have specified.
- We will assign a member number for you to refer to. Please tell us the member number whenever you contact us.
Your rights to make changes
If you wish to make a change to the Service you have signed up for, or a Product which we have ordered on your behalf, please contact us. We have full discretion whether or not to accept the changes. You may only Upgrade your Service plan
Changes to our product or these terms
- We may make minor changes to the Service from time to time in order to:
- reflect changes in relevant laws and regulatory requirements; and
- implement minor technical adjustments and improvements, for example, to address a security threat.
Providing the products
- We will provide the Products purchased on your behalf, at such time or during such period as set out in our confirmation email.
- If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you do not provide a physical mailing address for where your Products need to be delivered (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you we may end the contract and clause 8.2 will apply.
- We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Member area on our Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We may have to suspend the Service to:
- deal with technical problems or make minor technical changes;
- update the Service to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Service as requested by you or notified by us to you (see Clause 5).
- We will contact you in advance to tell you we will be suspending the Service unless the problem is urgent or an emergency. If we have to suspend the Service, we will adjust the price so that you do not pay for Products purchased on your behalf while they are suspended.
- If you do not pay us for the Products when you are supposed to (see Clause 10.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Service. We will not suspend the Service where you dispute the unpaid invoice (see Clause 10.5). We will not charge you for the Products during the period for which they are suspended.
Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what Service you have signed up for, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
- If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
- In all other cases, see Clause 7.4 and Clause 7.5.
- Even if we are not at fault, you can still end the contract before it is completed (i.e. when we have finished providing the services and you have paid for them) by giving us notice in writing, provided that you will pay us reasonable compensation for the net costs we will incur as a result of your ending the contract. In such a case, the contract will end immediately. We will refund any advance payment you have made for products that will not be provided to you. We will not be able to refund you for the Service plan you have signed up for.
- To end the contract with us, email our customer services at Hello@founce.global.
- If you end the contract with us, we will refund you the price you paid for the Products, but we may deduct from the refund the price for the part of services already provided (up to the time you inform us that you are ending the contract with us) in proportion to the full price of the services.
- We will make any refunds due to you as soon as possible.
Our rights to end the contract
- We may end the contract for a Product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
- you do not, within a reasonable time, provide a physical address for delivery;
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due.
- If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Price and payment
- The price of the Product will be the price indicated on the vendor pages when we placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
- It is always possible that, despite our best efforts, some of the products purchased be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount; but if it’s higher than the price stated to you, we will contact you for your instructions before we accept your order.
- We accept payment Credit card, Paypal, Stripe, bank transfer.
- You must make an advance payment of seventy per cent (70%) of the price of the Products before we start providing them. We will invoice you for the balance of the price upon completion. Each invoice must be paid within seven (7) calendar days from the date of its issue.
- If you think an invoice is wrong please contact us promptly to let us know.
Our responsibility for loss or damage suffered by you
- subject to Clause 11.2:
- all other warranties, conditions, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
- we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
- our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
- Nothing in these terms will limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (where applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Use of your personal information
- These Terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, in relation to your purchase.
- You acknowledge that you will have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these terms.
Other important terms
- We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail.
Governing law and Jurisdiction
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
Last updated 12th November 2020