Terms & Conditions

Welcome to Helthie Crush!

These Terms of Service, together with any documents incorporated by reference, (“Terms of Service”) constitute a legally binding agreement between you (“Customer,” “User,” or “You”) and Helthie Crush (“Company,” “We,” “Us,” or “Our”). These Terms of Service govern your access to and use of our website located at Helthiecrush.com and our mobile and smart applications (the “Website”), including any content, functionality and services offered on or through the Website and your access to and use of our services, including Helthie Bar experience, WhatsApp ordering, delivery options, private event catering, and our Helthie Crusher Loyalty Rewards program (collectively the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES.

HELTHIE CRUSH RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY THESE TERMS OF SERVICE ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEBSITE. BY ACCESSING OR USING THE SERVICES AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.

1. General Use

    • Helthie Crush provides fresh smoothies, juices, and meals through various ordering and dining options.
    • By using our services, you affirm that you are at least 18 years old or have the legal capacity to enter into this agreement.
    • We reserve the right to refuse service to any individual or entity at our sole discretion.

2. Account

    • To use certain features of our Services, including the Helthie Crusher Loyalty Rewards program, you may be required to complete a new user registration form to create a Helthie Crush account (“Account”).
    • You will also be required to create a username and password.
    • You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person. 
    • You are responsible for all activities that occur under your account.
    • Any use of the Helthie Crusher Loyalty program is subject to the Helthie Crusher Loyalty Rewards Program Terms & Conditions. 

3. Website

We provide the information on the Website and through the Services for general, informational purposes. While we use good faith efforts to keep the information on the Website accurate, we do not guarantee it is accurate, up-to-date, or applicable to you.

4. Ordering and Payment

    • The terms of payment are within our sole discretion and payment must be received by us before we accept an order, unless otherwise agreed.
    • You agree to pay all fees or charges for any products or services you purchase in accordance with the fees, charges and billing terms presented to you at the time of purchase by us or any third party acting on our behalf (e.g., a delivery service company).
    • Orders may be placed in person, online, or via WhatsApp.
    • All orders are subject to availability, and we reserve the right to limit quantities.
    • Accepted payment methods include cash, credit/debit cards, digital payment platforms where available and customer loyalty rewards.
    • You acknowledge and agree that the full cost of products you order will be assessed and be charged against your Payment Provider for each order completed through the Service.
    • You acknowledge and agree that a command originating from you constitutes an authorization for the Service to charge the designated amount and you assume all liability for and shall promptly pay any and all such charges.
    • Prices are subject to change without prior notice.
    • We reserve the right to cancel any order due to errors, fraud suspicion, or other unforeseen circumstances.
    • YOU REPRESENT AND WARRANT THAT (a) THE CREDIT CARD INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT, AND COMPLETE, (b) YOU ARE DULY AUTHORIZED TO USE SUCH CREDIT CARD FOR THE PURCHASE, (c) CHARGES INCURRED BY YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (d) YOU WILL PAY CHARGES INCURRED BY YOU AT THE POSTED PRICES, INCLUDING ALL APPLICABLE TAXES

5. Delivery Services

    • Delivery is within specific areas and subject to availability.
    • Delivery fees may apply based on the location.
    • We strive to ensure timely delivery; however, Helthie Crush is not liable for delays caused by traffic, weather, or third-party delivery services.
    • Customers must ensure that an authorized person is available to receive the order at the specified delivery address.
    • If delivery is unsuccessful due to customer unavailability, additional delivery charges may apply for reattempted deliveries.

6. Private Events and Catering Services

    • Catering services must be booked in advance with a deposit, the amount of which will be specified in the booking agreement.
    • Cancellations or modifications to catering orders must be made at least three (3) days in advance; failure to do so may result in forfeiture of the deposit.
    • We reserve the right to refuse catering services for events that conflict with our brand values or legal requirements.
    • Customers are responsible for providing accurate guest counts and any special dietary requirements in advance.

7. Refunds and Cancellations

    • Due to the perishable nature of our products, all sales are final. 
    • Refunds or replacements may be considered on a case-by-case basis for incorrect or defective orders. 
    • Requests for refunds must be made within 24 hours of purchase and require proof of purchase. 
    • If an order is cancelled before preparation begins, a partial or full refund may be issued at our discretion.All sales are final due to perishable nature of products.

8. Allergy Disclaimer and Liability

    • Helthie Crush takes food allergies seriously but cannot guarantee that any menu item is completely free of allergens, including but not limited to nuts, dairy, gluten, soy, or shellfish. 
    • Customers with food allergies or dietary restrictions must notify our staff before placing an order. 
    • While we take reasonable precautions to minimize cross-contamination, we do not assume liability for adverse reactions due to food allergies. 
    • By consuming our products, you acknowledge and accept the inherent risk of allergen exposure.

9. Product Availability

    • From time to time, certain products may be unavailable for purchase, and Helthie Crush is not obligated to fulfil orders in such cases. 
    • Special offers, loyalty rewards, and similar promotions are not applied automatically and must be actively selected by the customer at checkout. If no selection is made, the full retail price will apply.

10. User Conduct

    • You agree to use the website only for lawful purposes and in accordance with these Terms of Service. 
    • You agree not to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or that may harm Helthie Crush or users of the Site and Services.
    • Customers must treat our staff and other patrons with respect. 
    • Any abusive, threatening, or inappropriate behaviour may result in service refusal and potential legal action. 
    • Helthie Crush reserves the right to take legal action against individuals who engage in fraudulent activities, including chargebacks and payment disputes.

11. Privacy Policy

    • Our collection and use of data is described in our Privacy Policy. We collect personal information to process orders and improve our services.
    • Customer data is not shared with third parties except as necessary for order fulfilment and service improvement. 
    • By using our services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Permitted Use

    • You may only use the Website and the Content for their intended purposes for which Helthie Crush made them available to you by, in accordance with the Terms of Service, the Privacy Policy and other terms posted on the Website. 
    • You are granted a limited, non-transferable, and revocable access and use to the Website and Content for your personal, non-commercial use. This includes browsing the Website, viewing content, and utilizing services offered by Helthie Crush.

13. Copyright Policy

    • At Helthie Crush, we respect the intellectual property rights of others and expect our users to do the same. 
    • We are committed to promptly addressing any infringing material on our Website and Services if we become aware of it.

14. Intellectual Property

    • All content, features, and functionality on the website, including but not limited to text, graphics, logos, and software, are the exclusive property of Helthie Crush or its licensors and are protected by copyright, trademark, and other intellectual property laws. 
    • You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of the content without our prior written consent.

15. Compliance with Laws

    • In connection with your access to and use of the Services, you are responsible for ensuring that you comply with all applicable laws, regulations, and rules in all relevant jurisdictions. This includes adhering to all applicable guidelines regarding online conduct.

16. Termination

    •   If you violate these Terms of Use, you are immediately prohibited from further use of the Services or Content, and we may restrict your access to the Services or Content..
      – Discontinuing the Services or Content. Helthie Crush may suspend or terminate the Services or any Content, in whole or in part, at any time in its sole discretion for any reason.
      – No Liability for Suspension or Termination. Helthie Crush will not be liable to you or anyone else for any damages arising from or related to the suspension or termination of your access to the Services or the Content, or in the event Helthie Crush modifies, discontinues or restricts the availability of the Services or the Content (in whole or in part). violate these Terms of Use, you are immediately prohibited from further use of the Services or Content, and we may restrict your access to the Services or Content.

17. Feedback and Content Submitted by You

    • If you submit comments or feedback to us regarding the Services or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

18. Disclaimer of Warranties

    • The Website and Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. 
    • Helthie Crush does not warrant or guarantee that the website or its contents or the services will be uninterrupted, secure, or free of errors or viruses or other harmful conditions. 
    • Helthie Crush does not warrant or guarantee the quality, completeness, timeliness, or availability of the services or content. 
    • Helthie Crush does not warrant or guarantee that any defects in the website, or its contents, or the services will be corrected. 
    • Helthie Crush expressly disclaims all warranties and conditions of any kind with respect to the services and content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and arising from a course of dealing or usage in trade. 
    • Helthie Crush makes commercially reasonable efforts to provide accurate and reliable content on the services, but neither accuracy nor reliability are guaranteed. 

19. Limitation of Liability

    • To the fullest extent permitted by law, Helthie Crush, its officers, directors, members, employees, agents or professional advisors (collectively, the ”Helthie Crush parties”) shall not be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the services or content, or your access to or use of, or inability to access or use, the services or content, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a smoothie king party has express knowledge of the possibility of the loss or damage.
    • Your sole and exclusive remedy is to stop accessing and using the services or content.
    • Without limiting the foregoing, in no event will the Helthie Crush parties’ aggregate liability to you arising out of or in connection with the services or content, or your access to or use of, or inability to access or use, the services or content exceed $1000 Jamaican dollars, even if any remedy provided fails of its essential purpose.

20. Indemnification

    • You agree to indemnify, defend and hold harmless the Helthie Crush parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the services or any content, (c) your breach of these terms or any other terms on the services, and (d) your infringement or misappropriation of any intellectual property rights. 
    • We reserve, and you grant to us, the exclusive right to assume the defence and control of any matter subject to indemnification by you.

21. Changes to Terms of Service

    • We may change these Terms at any time.
    • Continued use implies acceptance of the revised Terms.

22. Governing Law and Dispute Resolution

    • These Terms shall be governed by the laws of Jamaica. 
    • Any disputes arising from these Terms shall be resolved through mediation or arbitration, without regard to its conflict of law principles.
    • WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST HELTHIE CRUSH IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event the court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Helthie Crush’s right to appeal.
    • Good Faith Discussions. You and Helthie Crush must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms of Use.
    • Rules. You and Helthie Crush agree that arbitration will be conducted in Jamaica in accordance with its Arbitration Act, then in effect and as amended herein. 
    • Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Dispute Resolution Foundation rules. 
    • Time Limit. Any claim by you arising in connection with these Terms of Use, the Services or the Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
    • Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration. 
    • Changes to this Agreement to Arbitrate. If Smoothie King modifies this arbitration provision, you may reject that change by sending Smoothie King written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Services.
    • The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms of Use.
    • Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse Us for certain fees and expenses in accordance with the rules.
    • Exceptions. Notwithstanding anything to the contrary in this Section, you and Helthie Crush each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

23. Contact Us

For inquiries, concerns, or feedback, please contact us at helthiecrush.legal@gmail.com.

By using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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