Terms & Conditions

These Terms & Conditions (“Terms & Conditions” and “Terms”) provide a legal contract between you (“you”, “customer”, and “subscriber”) and Heap Brand Co., Ltd. (“we”, “us”, “our”, and “HEAP”) which governs the use of our services, products, and website (the “Service”). These Terms apply to all customers, including but not limited to web browsers, influencers and content providers. These Terms shall be governed by the laws of Thailand, and the courts located in Thailand shall be the exclusive forum for any legal action arising out of or relating to these Terms. If you do not agree to these Terms, you may not access any Service. A violation of any of these Terms will result in an immediate termination of your Service. We reserve the right to refuse service to any customer for any reason at any time.

By accessing the said Service or using the said Service in any way, you acknowledge that you have read, understood and agreed to be bound by the Terms & Conditions described as follows:

1. Service

You, or your specified recipient, are entitled to receive the snack box or other products we offer on our Service (the “Product”) delivered from us; so long as all fees and all relevant expenses are paid up to date as well as these Terms & Conditions are all complied.

The Product is for personal use only, not for resale or distribution. You certify that the recipient of the Product agrees not to sell, distribute or deal in.

The Product images shown are for illustration purposes only and may not be an exact representation of the Product. We have full control of the contents of our Product, including but not limited to items’ types, quantities, sizes, and flavors. By accessing our Service, you agree to receive the Product customized by us and we reserve the right to control all aspects of the Product, including but not limited to packaging, food items, item quantity and print outs.

HEAP reserves the right, in our sole discretion and without prior notice, to revise, including but not limited to change, suspend and discontinue the Products or any aspect available on our Service. We will not be liable to you or to any third party for doing so. You may not use our Service for any illegal or unauthorized purposes nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

We offer a single snack box product (“Single Box”) which is not a subscription product and includes one box shipped to your address. We offer 4 subscription types: monthly billing “Monthly Subscription”, prepaid 2-month subscription (“Two-Month Subscription”), 3-month subscription (“Three-Month Subscription”); and prepaid 6-month subscription (“Six-Month Subscription”). We also offer prepaid gift subscriptions of two, three, or six months (“Gift”). You agree to pay all fees and all relevant expenses using one of the payment methods we support. Except as otherwise specified in the Terms & Conditions, fees are quoted and payable in Thai Baht, and payment obligations are non-cancellable and fees paid are non-refundable.

The corporate gift option (the “Corporate Gift”) is limited to an order of 10 or more boxes per order per bill. We reserve the right to have full control of the contents in the Product, including but not limited to items’ types, quantities, sizes, and flavors. A text-only, limited to 300 characters including space, black-and-white message card printed on A6 size normal paper is included with each box under Corporate Gift order. The design of the message card and quality is of our discretion. Other designs, quality, and specific customized contents may be added with an additional fee. Should you have specific requirements for the message card, you are required to provide us with the digital file in .PNG format of 300 dpi resolution within the agreed period. We do not guarantee the quality or the appearance of the print outs.

The Service, according to these Terms & Conditions, certifies that all items featured in our Product are purchased from reliable sources, including but not limited to supermarkets, retailers, convenience stores, and manufacturers. However, the conditions of the Product, including but not limited to packaging condition, expiry, and taste, when you receive the Product are not our responsibility. We do not guarantee that the quality of our Service purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may provide access to third party materials, including but not limited to links to websites and social media pages, which we neither monitor nor have any control nor input. We shall not be held responsible for the use of these third party materials and we are not liable for any interaction with third party materials. Inquiries regarding third party materials, including complaints, claims, concerns and questions, shall be addressed to the third party.

You certify that the information you provide on our Service, including but not limited to full name, address, and telephone number, is true, accurate and complete and contains no false or misleading statements or no omission of any material facts that should have been stated therein. We cannot be held responsible for undeliverable packages due to any errors in the shipping address.

We reserve the right to classify information regarding our donation activities. The information made publicly available by us on our Service may be inaccurate or incomplete. We take no responsibility for the accuracy and completeness of the information provided by our partner.

2. Subscription

By purchasing a subscription, you acknowledge that Monthly Subscription bills every month while Two-Month Subscription, Three-Month Subscription and Six-Month Subscription, as well as additional shipping and insurance fees, are prepaid, . If you cancel your subscription, you will not be eligible for a refund of any portion of the subscription fee. All subscriptions will be fulfilled until the current term is completed.

You acknowledge that at the end of each term, your subscription plan automatically renews (“Auto-Renew”) and your subscription will be extended  for the same period for which you initially subscribed, and you will automatically be charged the then-current non-promotional subscription rate and additional shipping fee should the shipping rate change. If a Gift subscription option is selected, the subscription will not be able to renew and will be non-cancellable.

All subscriptions’ Auto-Renew date is on the 10th of the month following the completion of your current term (UTC+07:00). Any changes to your subscription, including cancellation, must be made prior to the renewal date and the process is deemed successful once you have recevied the confirmation email. If you have switched to a different subscription plan, you must cancel your original subscription plan. If your original subscription plan still has prepaid months remaining, you must contact us at hello@heapbrand.com should you want your credit to be transferred to your new subscription. If we do not receive your email, we will continue to ship your remaining Products until the end of your original subscription term.

3. Collaboration

In the event of a collaboration between you and HEAP, including but not limited to featuring your item in our Product, content design, and advertisement, we shall have the right to control the contract, including but not limited to the marketing fee, costs, item quantity, and item type.

You agree that all contents created by HEAP during the collaboration period, including but not limited to text, data, information, graphics, photographs, videos and other materials are the property of HEAP and are protected by copyright, trademark and/or proprietary rights and law. You agree not to sell, license, distribute, copy, publicly display, publish, edit, modify or create derivative works from HEAP’s contents.

We reserve the right, at our sole discretion, to collaborate with third parties in advertising our Product. The contract shall be proceeded in writing only. We shall not be held responsible for any third party that publicly provides comments, feedbacks, reviews etc. about our Product without our consent in writing. We reserve the right to terminate our Service should we deem the third party’s contents are unlawful, offensive, threatening, defamatory, objectionable or violates any party’s intellectual property or these Terms & Conditions.

4. Service Fee & Billing

After placing your order, you are required to pay the Service fee immediately via our supported payment methods. Fees are payable in Thai Baht, and payment obligations are non-cancellable, and fees paid are non-refundable. The prices in different currencies displayed on the website are for your convenience only, the final charge will be in Thai Baht which may vary depending on the exchange rate and transaction fees.

We reserve the right, in our sole discretion, to limit or cancel your order. The restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make changes to your order, we will notify you by contacting the email provided at the time the order was made. It is your responsibility to check the status of your order.

When purchasing our Products, you agree to provide current, complete and accurate purchase and account information for us to complete your transactions and contact you as needed.

We reserve the right at any time to adjust the prices for our Products, modify or discontinue our Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price changes, suspension or discontinuation of our Service. We reserve the right to control and limit the values and quantities of the discounts associated with coupon codes. The expiry dates of the coupon codes are of our sole discretion and should we decide to cancel the coupon code, the discount will not be displayed upon checkout. If you do not agree to any such modifications, your sole option is to cease using the website and cancel your subscription through your account portal or email us at hello@heapbrand.com. By continuing to use the website without canceling your subscription will constitute your acceptance of any such changes.

5. Shipping 

We reserve the right to determine the shipping modes by third party carriers that we offer on our Service and the shipping and insurance fees associated with shipping the Product to your destination. The shipping and insurance fees may not reflect the real costs charged by the third party carrier. Where free shipping (“Free Shipping”) option is indicated, the shipping does not include insurance and we reserve the right to choose the third party carrier and the mode of shipping.

All our Products will be shipped by a third party carrier. The title and risk of loss of the Product will pass to you upon our delivery to the third party carrier. We do not hold and will not be deemed to hold the responsibility for the risk of loss and damage of the Product after it has been transferred to a third party carrier.

You are responsible for tracking your order directly with the third party carrier. We are entitled to provide you with the tracking number through email once we have shipped your order. We are not in control of the speed of delivery of the Product to you and hence, we cannot be held responsible for the conditions of the Product, including but not limited to quality, taste, and expiry, once we have transferred the Product to a third party carrier.

We reserve the right to determine the declared value of the parcel upon shipping. Unless otherwise stated, the recipient of the shipment holds full responsibility for all the fees and costs regarding the delivery of the Product, including but not limited to shipping fee, fuel or handling surcharges, custom clearance charges, Value Added Tax (“VAT”), and customs duty. Any Products purchased from us may be subjected to customs duties and inspections upon arrival at the recipient’s country. We do not hold and will not be deemed to hold the responsibility over these charges, nor can we predict what they may be. We will not refund or pay for the said fees.

By purchasing our Product, you agree that you have confirmed your country’s import rules and regulations and that you acknowledge and understand that you are liable for any customs duties, taxes or fees that may incur. We do not hold the responsibility for the Product once it has been transferred to the third party carrier.

The Service under these Terms & Conditions does not provide insurance coverage of physical loss or damage during transportation of the Products to you via a third party carrier. Should you have purchased the insurance upon checkout, the insurance will be the service offered by the third party carrier. We reserve the right to determine the insurance service by third party carrier we offer. Filing claims for loss or damage of the Product shall be made directly to the third party carrier and not to us. We hold no responsibility, and shall not be liable for any loss or damage of the Product once it has been handed over to a third party carrier. We do not accept returned Product and do not offer a refund or replacement of the Product.

In the event that you received a wrong Product from us, you must contact us at hello@heapbrand.com We reserve the right, at our discretion, to respond to your claim.

6. Limitation of Liability

You agree that your use of the Service is at your own risk. The Product is provided ‘as is’ and ‘as available’ for your use, without any warranty of the Product qualities, including but not limited to item types, quantities, taste, and expiry.

In no event shall HEAP be liable for any injury, loss, claim, or any direct, or indirect damages of any kind from the use of our Service. In the event of incorrect Product price information on our Service, we shall have the right to refuse or cancel any orders placed for the Product listed at an incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled due to incorrect Product price, we shall issue a credit to your credit card account in the amount of the charge.

Consumption of the Product is at your discretion and your own risk. We do not hold responsible for any injury caused by adverse reactions to any of the items in our Product.

The nutritional information provided by us, including but not limited to allergen information and ingredients, is translated from the food packaging without the evaluation by the Thai Food and Drug Administration. The information may be inaccurate or incorrect. You accept that the consumption of the Product is at your sole risk. We do not hold responsible for the adverse effects that may come with consumption of the Product.

We do not hold any responsibility for the information on our Service, should it be inaccurate, incomplete or not up to date. The information is provided for general information only and should not be relied upon as the sole basis for decision making without consulting other sources of information. Any reliance on the information provided by us is at your own risk. We reserve the right to modify the information on our Service at any time, but we have no obligation to update any information regularly.

Except in connection with an indemnity obligation, in no event shall either HEAP or Participant seek or be liable for punitive, exemplary, consequential, or special damages, or lost profits in connection with this Terms.

7. Termination of Service

All paid orders are non-refundable.

You are entitled to terminate the Service at any time by canceling through your account portal or contact us at hello@heapbrand.com. Cancellation must be made prior to the renewal date (UTC+07:00). The cancellation process is completed only when you have received the cancellation confirmation email from us. Cancellation of your subscription prevents future renewals, but does not cancel orders already placed and all remaining prepaid Products in your term will be shipped and no refund will be given. If you complete the cancellation process after your subscription renews, we will continue to ship all your prepaid Products, and your subscription will not renew in the future.

We reserve the right to terminate the Service without refund to anyone at any time. We reserve the right to limit our Service to any person, geographic region or jurisdiction.

8. Intellectual Property

HEAP is the sole owner of all intellectual property relating to Product, Service, website, right, logo, trademarks, trade names, service marks etc.

HEAP shall not transfer, allow you, or others to use such intellectual property except in the case that we have given consent in writing.

You agree that HEAP’s Services and all contents, including but not limited to text, data, information, graphics, photographs, videos and other materials are the property of HEAP and are protected by copyright, trademark and/or proprietary rights and law. You agree not to sell, license, distribute, copy, publicly display, publish, edit, modify or create derivative works from any of HEAP’s content. All other trademarks are the property of their respective owners.

9. Privacy Policy

Personal Information such as email address, name, address, postcode, telephone number etc. which we received from you by any channel, shall be protected according to laws of personal information.

We shall use your personal information only for communication purposes, to contact, provide service(s), maintain public relations, or provide news updates; including survey for your opinion on business or activities of HEAP. Aside from us, only our affiliates, technical consultants, third party auditors and other parties who make our Service available, enhance its functionality, assist with the processing of your purchases, or provide associated services and/or who deal with you have access to this information.

We shall use your personal data for tracking online movement across our websites. We shall not sell or give the personal information received from you, to any third party without your consent.

You agree that we may edit, copy, publish, translate, distribute and use in any medium your comments, feedback and other submissions we received from you by any channel. We may, at our sole discretion but without obligation, to edit or remove your submissions. You are solely responsible for any submission you make and their accuracy.

In the case of external party(s) outsourced by us involving the use of your personal information such as third party shipping carriers, analyze statistical data of business activities of HEAP, etc. We are obliged to control such party(s) to implement the obligation in this No.9.

You agree and allow us to use such data for the duration of the Service and no less than 5 additional years. Such data will be destroyed or turned into non personal data within 90 days of notice from you or after the aforementioned period.

You can contact our personal data controller at hello@heapbrand.com using the subject: Personal Data.

10. Notice

Any notice, including notices and dialogues, between HEAP and you that has been performed via the solution(s) described below shall be legal and acceptable. It shall be deemed that the receiver has full knowledge of the content, whether the receiver has opened and read the content or not.
(a) By email(s):
You: The email address specified by you in your account or an email address which you have used to contact us.
HEAP: hello@heapbrand.com
(b) By registered postal mail(s) together with postal receipt

The Service provided through communication channels such as website, email, or telephone is prone to be affected by delays, and errors; which we shall not be responsible for.

11. Indemnification

You agree to indemnify, hold harmless, and defend HEAP, and their respective employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

12. Other Terms and Conditions

HEAP reserves the right to revise, including but not limited to update, change, and replace, these Terms & Conditions at any time without prior notice. Should there be modifications to these Terms & Conditions, we will inform you by posting on the website. It is your responsibility to check this page periodically for any modification. By continuing to use our Service following the posting of changes, you are agreeing to those changes.

While we may decide not to exercise or enforce any right according to these Terms and Conditions. It does not imply that we have waived our right. The waiving of right shall be proceeded in writing only.

In the case that any terms or conditions in these Terms & Conditions is invalid, illegal or unenforceable to any extent, such terms or conditions shall be considered to be removed from these Terms & Conditions and the remaining terms or conditions will continue to be valid and will not be affected in any way.

You are unable to assign any of your rights under these Terms & Conditions to any other person without our prior written consent.

Where you are using a joint account containing two or more receivers under the same account, each person takes on the obligations under these Terms & Conditions in full.

These Terms & Conditions shall be construed and governed by Thai Law.

Inquiries about the Terms & Conditions should be sent to us at hello@heapbrand.com