Terms & Conditions
PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE HAPPY PENGUIN OFFERINGS IN ANY MANNER OR FORM
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
Welcome to Happy Penguin. (“Happy Penguin”, “Happy Penguin Healthy Food”, “Happy Penguin HF”)
This terms and conditions (this “Agreement”) govern when you: access or use the Happypenguinhf.com website or any other online Happy Penguin platform (Site, App)
This Agreement (the "Agreement") is an agreement between you and AG Studio Inc., dba Happy Penguin, that states the terms and conditions under which you may use our Sites and receive Happy Penguin service, which includes processing and delivery of product orders (the "Happy Penguin Service"). Your use of the Happy Penguin Service and our Sites constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use our Sites or the Happy Penguin Healthy Food.
PAYMENTS. Your credit/debit card will be charged for your order the week before your order is delivered. Payments must be received before a posted order deadline for a given delivery. Delivery dates and times and any associated delivery charges will be shown as you proceed through the ordering process. Happy Penguin is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons.
RECURRING ORDERS. Should you choose to purchase a recurring order, your order will be automatically renewed at the schedule posted for the product purchased. You may pause, change or cancel your recurring order anytime. Changes or cancellation will be effective for the current billing cycle; you will be notified of the effective date when making changes.
INVALID PAYMENT METHODS. Happy Penguin will not process orders that attempt to use an incorrect, expired, or over-limit cards. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Happy Penguin reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Happy Penguin may charge such amount directly to the credit card identified in your Customer Account Information and Happy Penguin may suspend or terminate your access to the Happy Penguin Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Happy Penguin may incur in its efforts to collect any unpaid balances from you. Your right to use the Happy Penguin Service is subject to limits established by Happy Penguin and/or by your credit card issuer.
REFUND POLICY. If you're not satisfied with one of our products or our service - for any reason - we will gladly provide a refund. Simply contact us at info@happypenguinhf.com
Cancellation of an order after the order deadline (for any reason other than dissatisfaction with our product) is not eligible for a refund. Where possible, we will refund your money using the same method you originally used to pay for your purchase.
DELIVERY POLICY. We use third-party carriers (e.g. Fedex, OnTrac) to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instruction that the delivery driver may need.
NUTRITION INFORMATION. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
PRICING POLICY. We make every attempt to avoid errors in pricing and product information. If mistake occurs, we reserve the right to correct it, and we apologize for any inconvenience it may cause. All prices listed on the Website are in US dollars.
FOOD SUBSTITUTION POLICY. Although Happy Penguin takes every reasonable measure to obtain sufficient inventory to fill your order, availability of products may change without notice. Happy Penguin is not responsible for unavailability of product due to popular demand or discontinuation.
CROSS CONTAMINATION RISK. Please note: Happy Penguin food items may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, shellfish, soy or three nuts.
PRODUCT DISPLAY. We have made every effort to accurately display the Products featured on the Website. However, the colors we use and the capabilities of your computer monitor may affect the color visible on your screen. As such, we cannot guarantee that your monitor’s display will be accurate.
HAPPY PENGUIN INTELLECTUAL PROPERTY. The entire contents of the Website are copyrighted as a collective work under the laws of the United States and other copyright laws. Happy Penguin holds the copyright in the collective work. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Happy Penguin or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Website for your personal, non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use or any other expressly permitted use (e.g., in the case of electronic coupons, etc.). You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You may not (i) modify copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Happy Penguin. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
RESOLVING DISPUTES, ARBITRATION. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 949-527-2607. If Happy Penguin’s customer service department is unable to resolve your complaint to your satisfaction (or if Happy Penguin has not been able to resolve a dispute between us after attempting to do so informally), we each agree to resolve any disputes through binding arbitration or in a small claims court of competent jurisdiction instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court of competent jurisdiction or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA").
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR HAPPY PENGUIN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
HEALTH CLAIMS. HAPPY PENGUIN IS NOT MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE PROGRAM OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE PROGRAM IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION.
You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. Happy Penguin does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, Happy Penguin does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any meal or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any meal.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HAPPY PENGUIN NOR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR THE PROGRAM-RELATED THIRD PARTIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES (INCLUDING THE WELLNESS PROFESSIONALS), SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE PROGRAM OR WEBSITE OR YOUR RELIANCE ON ANY BEHAVIORAL RECOMMENDATIONS AVAILABLE ON OR THROUGH THE PROGRAM. THIS LIMITATION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HAPPY PENGUIN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR THE PROGRAM-RELATED THIRD PARTIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES (INCLUDING THE WELLNESS PROFESSIONALS), HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST WAGES), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT SUCH PARTIES WERE ADVISED SUCH DAMAGES MIGHT ARISE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAPPY PENGUIN. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS DEEMED UNENFORCEABLE BY AN ARBITER SELECTED IN ACCORDANCE WITH PARAGRAPH 9.7, THE TOTAL, CUMULATIVE LIABILITY OF HAPPY PENGUIN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, AND THE PROGRAM-RELATED THIRD PARTIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE WELLNESS PROFESSIONALS) FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $500.00
CONTACT US. If you have any concerns about Happy Penguin or your use of the Site, please email us at info@happypenguinhf.com with a detailed description or if you would like to speak with a human, feel free to call us at (949) 527-2607, and we will try to resolve it.