Welcome to http://happytummy.asia (the "Site"), which is comprised of various web pages operated by Happy Tummy Asia LLC ("Happy Tummy Asia"). The Site is offered to you conditioned upon your acceptance without modification of all terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms and our Privacy Policy which together form a legally binding and enforceable agreement. Please read these Terms carefully and keep a copy of them for your reference.
Electronic Communications
Visiting our Site or sending emails to Happy Tummy Asia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Medical and Health Disclaimer
All content contained on our Site is for commercial and informational purposes only. While we use all natural ingredients for our freshly made dishes, Happy Tummy Asia does not claim to alleviate or prevent any medical condition, nor do we seek to provide general medical or health advice. Our products cannot be substituted for professional medical treatment (such as weight loss, cancer prevention, etc.). For all dietary or medical concerns, please seek professional guidance from your health and wellness practitioner.
Graphics and Images Display
This Site attempts to display all of our dishes (including but not limited to photography, social media content, graphics) as organically, accurately, and naturally as possible for our customers. However, certain imagery and photography may not display the exact product as shown due to differences in browser functionality and image file type discrepancies.
Termination of Usage and Services
Happy Tummy Asia reserves all rights, in its sole discretion, to terminate or suspend any customer’s use of our Site and services without notice in the event of any violation, misuse or abusive behavior. We hope that all our customers can remain respectful of our Terms in order to enjoy a mutually sustaining and rewarding experience.
Children Under Thirteen
Happy Tummy Asia strictly abides by the Children’s Online Privacy Protection Act (“COPPA”) and does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Also, if you are under 18, you may use http://happytummy.asia only with the permission of a parent or guardian. If any guardian believes that his/her/their minor child has provided personal information without parental consent, please contact our company immediately, and we will remove all your child’s personal data from our files.
Cancellation and Refund Policy
All purchases are non-refundable, but eligible for store credit if modified or canceled ahead of the deadline. If you cannot or do not receive your scheduled delivery, please contact us in advance of the deadline and we will credit your account for the amount of the order. As all our dishes are individualized and specially made to order, this also applies to any changes to an order, including but not limited to, delivery address changes, allergy changes, and delivery window changes.
Allergen Information
Please reference the section of our Site titled, “Allergen Info” for a detailed description of the ingredients used to prepare our dishes which are gluten free, dairy free, peanut free and nut free (except for coconut), and shellfish free. Unfortunately, at this time, Happy Tummy Asia cannot accommodate for special medical needs or allergy requests other than what is currently listed. Please be cognizant of any dietary restrictions or food allergies prior to placing your order.
Links to Third-Party Sites and Third-Party Services
Our website: http://happytummy.asia may contain links to other third-party websites and social platforms (the "Linked Sites"). The Linked Sites are not under the control of our Company’s website platform or tech stack. Happy Tummy Asia is not responsible for the contents or browsing safety of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Happy Tummy Asia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Happy Tummy Asia of the site or any association with its operators.
Certain services made available via: http://happytummy.asia are delivered by third-party sites and organizations. By using any product, service or functionality originating from the http://happytummy.asia domain, you hereby acknowledge and consent that Happy Tummy Asia may share such information and data with any third- party with whom Happy Tummy Asia has a contractual relationship to provide the requested product, service or functionality on behalf of http://happytummy.asia users and customers. Our Terms of Service and Privacy Policy concurrently form a legally binding agreement, and by using our Site you consent to all respective provisions.
No Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://happytummy.asia strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Happy Tummy Asia that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Happy Tummy Asia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Happy Tummy Asia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Happy Tummy Asia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Happy Tummy Asia or our licensors except as expressly authorized by these Terms.
Social Media Policy
Happy Tummy Asia actively shares content and engages with our customers on our social media channels and networks. The Company retains exclusive ownership of all rights, titles, and interests to our social content. We post only original content, and no work of third parties has been illegally used, copyrighted, posted, reproduced, or displayed. Prior to our written consent, we do not allow for any customer postings or any reproduction of our content to internal or external social media platforms. It is in the Company’s sole discretion to remove all harmful, abusive or threatening content immediately.
Subscription Service
Our online subscription service features several differing models to allow for dietary versatility, including a three (3) month, six (6) month and 12 (month) service plan. This enables customers to receive our dishes in pre-paid monthly installments, at a self-selected frequency of: (i) twice a month, (ii) once a month, or (iii) once every two months. Also, payment shall be discounted by 10% each month.
● $150 able to spend ($135)
● $100 able to spend ($90)
● $50 able to spend ($45)
All customers must be at least 18 years old to be eligible to participate in our Subscription Service. The Company reserves all rights to modify and amend the service at any time with prior notification to all current customers in the event of such changes.
For all participating customers, please be aware that: (i) the Subscription Service is subject to our delivery conditions (please reference below); (ii) payment will be automatically billed monthly to the credit card provided by the customer in our files; (iii) if the Company is not provided prior notice of cancellation the Subscription Service will automatically renew. All subscription billing shall be equally divided by the total number of orders a customer has placed with the first payment due at sign-up.
For any cancellations to our subscription plan, we require an advance notification of two business days in advance of your next scheduled delivery. Please reference the “Contact Us” section below and allow for seven business days for cancellation of the plan.
Delivery Disclaimer
To maintain the freshness of our products, Happy Tummy primarily uses refrigerated trucks designed to carry perishable items at low temperatures. Once your order has been delivered to you, all food items should be immediately refrigerated or frozen to prevent spoilage, deterioration or contamination. Happy Tummy Asia currently delivers to residences and commercial establishments. The Company is not responsible for any delivery mistakes for address locations or vague delivery instructions entered by the customer. Upon delivery, the customer or his/her/their authorized representative must be present to receive the order and to accept the food products. If a customer selects the unattended delivery option, the driver shall keep a delivery identification photo referencing proof of delivery to the specified address. Please be aware that all food packaging contains ice, and the customer is fully responsible for the condition of the packaging when the unattended delivery option is selected If any order is not property received, all customers will have the option of a full purchase refund or store credit for the purchase.
Inclement Weather and Delivery Delays
In the event of any unanticipated inclement weather or unexpected delivery delays, the Company reserves the right to modify our delivery timeline and delivery process which may cause customer orders to be cancelled, modified, or suspended. In the event of such delays preventing delivery, we will use our best attempt to notify our customers as soon as possible regarding such unanticipated changes. Under these circumstances, our customers may select an alternate date and time, and we will deliver the order as soon as possible. Unattended deliveries may not be guaranteed under certain inclement weather conditions.
International Users
The Service is controlled, operated and administered by Happy Tummy Asia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Happy Tummy Asia content accessed through http://happytummy.asia in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Happy Tummy Asia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Happy Tummy Asia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Happy Tummy Asia in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Happy Tummy Asia agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAPPY TUMMY ASIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTIFICATION TO OUR CUSTOMERS
HAPPY TUMMY ASIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAPPY TUMMY ASIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAPPY TUMMY ASIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HAPPY TUMMY ASIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. . IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Governing Law
To the maximum extent permitted by law, this Agreement is governed under the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Happy Tummy Asia as a result of this agreement or use of the Site. Happy Tummy Asia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Happy Tummy Asia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Happy Tummy Asia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Happy Tummy Asia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Happy Tummy Asia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Happy Tummy Asia reserves the right, in its sole discretion, to change the Terms under which http://happytummy.asia is offered. The most current version of the Terms will supersede all previous versions. Happy Tummy Asia encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Happy Tummy Asia welcomes your questions or comments regarding the Terms:
Email Address: yummy@happytummy.asia
Telephone number:
+1-646-846-2648