Welcome to Smuwdee®. These Terms & Conditions govern your use of our website, www.smuwdee.com, and any enquiries, trials, subscriptions, services, smoothie machines, products or packages provided by Smuwdee.

By using this website, submitting an enquiry, booking a pilot programme, requesting a package, or using any Smuwdee service, you agree to these Terms & Conditions.

1. About Smuwdee

Smuwdee® provides a fully managed smoothie service using automated smoothie machines and smoothie packs for workplaces, offices, gyms, fitness clubs, events and other commercial or organisational environments.

Our service may include, depending on the agreed package, machine installation, smoothie packs, servicing, maintenance, support, cleaning-related machine functions and other related services.

For enquiries, you may contact us at:

Email

sales@smuwdee.com

Website

www.smuwdee.com

Company name

Brainwave Ventures Ltd.

Company registration number

Registered address / VAT number

2. Use of the Website

You may use this website for lawful purposes only. You agree not to use the website in any way that may damage, disable, overburden, impair or interfere with the website, our systems, or any other user’s access.

You must not attempt to gain unauthorised access to any part of the website, server, database, account, or connected system.

The content on this website is provided for general information only. We may update, amend or remove website content at any time without prior notice.

3. Enquiries and Contact Forms

When submitting an enquiry through our website, you agree to provide accurate, current and complete information.

Submitting an enquiry does not create a binding contract between you and Smuwdee. A contract is only formed once package details, pricing, terms, delivery, installation and any other commercial conditions are confirmed and accepted by both parties in writing.

We reserve the right to refuse, decline or not proceed with any enquiry at our discretion.

4. Pilot Programmes and Trials

Smuwdee may offer pilot programmes or trial packages from time to time. Any such offer is subject to availability, location, machine availability and written confirmation from Smuwdee.

Unless otherwise agreed in writing, pilot programmes are intended to allow a prospective client to test the Smuwdee service before entering into a longer-term arrangement.

The exact contents of any pilot programme, including the number of smoothie packs, duration, setup, support and cost, shall be confirmed separately in writing.

Smuwdee reserves the right to withdraw, amend or limit pilot offers at any time.

5. Subscriptions, Packages and Plans

Smuwdee may offer different plans or packages based on the number of smoothie packs, machine usage, business type, number of employees, location, frequency of replenishment and other commercial factors.

Package names, pack quantities and features shown on the website are indicative and may vary depending on availability, custom requirements and final agreement.

All pricing, billing frequency, payment terms, package quantities, refill arrangements, minimum commitments and cancellation terms must be confirmed in writing before any service begins.

6. Installation and Access

Where the service includes installation of a Smuwdee machine, the client is responsible for ensuring that the installation location is suitable, accessible and safe.

The client must provide, where required:

• A standard power outlet.

• A suitable dedicated space for the machine.

• Reasonable access for delivery, installation, servicing, refill and collection.

• Any permissions required from landlords, building managers or relevant authorities.

• A safe and hygienic environment for the machine and smoothie packs.

Smuwdee may refuse installation or request relocation of a machine if the proposed location is unsuitable, unsafe, inaccessible or likely to affect the performance, hygiene or security of the machine.

7. Machine Use

Clients and users must follow all instructions provided by Smuwdee regarding use of the machine.

The client shall ensure that users do not misuse, tamper with, move, damage, open, modify, obstruct or interfere with the machine.

Unless expressly agreed in writing, Smuwdee machines remain the property of Smuwdee or its appointed supplier. No ownership rights are transferred to the client.

The client may be responsible for loss, theft, damage or misuse of the machine while it is installed at the client’s premises, except where caused by Smuwdee or its authorised representatives.

8. Maintenance, Servicing and Support

Smuwdee is a managed service. Where included in the agreed package, Smuwdee will provide reasonable maintenance, servicing and support.

The client must promptly notify Smuwdee of any fault, damage, hygiene concern, technical issue or unusual machine behaviour.

The client must not attempt to repair, dismantle or service the machine without Smuwdee’s written authorisation.

Smuwdee shall use reasonable efforts to respond to reported issues within a suitable timeframe, but response times may vary depending on availability, location, urgency and service arrangements.

9. Hygiene and Food Safety

Smuwdee is committed to providing a hygienic and reliable smoothie service. The machine may include automated rinse, cleaning or UV-related functions, depending on the machine model and setup.

Clients are responsible for maintaining a clean and safe environment around the machine, including keeping the surrounding area free from contamination, spills, pests, waste or misuse.

Users must follow the instructions provided when preparing or consuming smoothies.

Smoothie packs must be stored and handled according to any instructions provided by Smuwdee, including temperature, expiry, storage and hygiene requirements.

Smuwdee shall not be responsible for contamination, spoilage or food safety issues caused by improper storage, mishandling, unauthorised use, misuse, delayed consumption or failure to follow instructions.

10. Allergens and Dietary Information

Smuwdee may offer different smoothie flavours and product varieties. Ingredients, allergens, nutritional information and dietary suitability may vary by flavour and supplier.

Clients and users are responsible for checking any allergen, ingredient or dietary information provided before consumption.

Smuwdee does not guarantee that products are free from traces of allergens unless expressly stated in writing.

Individuals with allergies, intolerances, medical conditions, dietary restrictions, pregnancy-related dietary concerns or other health considerations should seek appropriate advice before consuming Smuwdee products.

11. Product Availability

Smoothie flavours, pack quantities, ingredients, packaging, machine models, subscription plans and service features are subject to availability.

We may replace, amend, discontinue or update products, flavours, packaging or machine features at any time.

Images and descriptions on the website are for illustrative and informational purposes only. Actual products, flavours, packaging or machine appearance may vary.

12. Payments and Billing

All prices, payment terms and billing arrangements shall be confirmed in writing.

Unless otherwise agreed, payments must be made within the timeframe stated on the relevant invoice, agreement or written confirmation.

Smuwdee reserves the right to suspend or terminate services if payment is overdue.

Late payments may be subject to additional charges, interest or recovery costs, where permitted by law and where stated in the applicable agreement.

13. Cancellation and Termination

Cancellation terms depend on the agreed package, subscription, pilot programme or service agreement.

Unless otherwise agreed in writing, clients must provide written notice to cancel or amend a service.

Smuwdee may suspend or terminate a service if:

• Payment is overdue.

• The machine is misused, damaged or tampered with.

• The installation location becomes unsafe or unsuitable.

• The client breaches these Terms & Conditions.

• Continued service is impractical, unlawful or commercially unviable.

• Access for maintenance, refill or collection is repeatedly denied or restricted.

Upon termination, the client must allow Smuwdee reasonable access to collect any machine, equipment, unused stock or related property belonging to Smuwdee.

14. Client Responsibilities

The client agrees to:

• Provide accurate information when requesting a package or service.

• Ensure the installation site is suitable and accessible.

• Use the machine and products properly.

• Prevent misuse, tampering, theft or damage.

• Notify Smuwdee promptly of issues.

• Follow storage, hygiene, expiry and usage instructions.

• Pay all agreed fees on time.

• Allow reasonable access for servicing, refill, support and collection.

15. Events and Temporary Installations

Where Smuwdee provides services for expos, events, activations or temporary locations, specific terms may apply.

These may include setup times, access requirements, event duration, staffing, stock quantities, transport, security, power supply, venue permissions and collection arrangements.

Smuwdee shall not be responsible for delays, non-performance or reduced service caused by venue restrictions, lack of access, insufficient power supply, unsafe conditions, event organiser delays or circumstances beyond our control.

16. Intellectual Property

All content on this website, including the Smuwdee® name, logo, brand identity, images, graphics, copy, design, layout, icons, product names and other materials, is owned by or licensed to Smuwdee, unless otherwise stated.

You may not copy, reproduce, modify, distribute, display, use or exploit any website content or Smuwdee brand assets without our prior written consent.

The use of Smuwdee trademarks, logos or brand materials by clients must be approved in writing.

17. Website Accuracy

We make reasonable efforts to ensure that information on the website is accurate and up to date. However, we do not guarantee that all information is complete, current or free from errors.

We may correct errors, update content, change features, amend plans or remove information at any time without prior notice.

18. Third-Party Links and Services

Our website may contain links to third-party websites, platforms or services. These are provided for convenience only.

We are not responsible for the content, policies, practices, availability or security of third-party websites or services.

Accessing third-party websites is at your own risk.

19. Limitation of Liability

To the maximum extent permitted by law, Smuwdee shall not be liable for any indirect, incidental, special, consequential or economic loss, including loss of profit, loss of business, loss of goodwill, loss of opportunity, business interruption or reputational damage.

Smuwdee shall not be liable for loss, damage, injury or claims arising from:

• Misuse of the machine.

• Failure to follow instructions.

• Improper storage or handling of smoothie packs.

• Unauthorised movement, repair or modification of the machine.

• Allergic reactions or dietary issues where ingredient or allergen information was available.

• Power failures, venue restrictions or access issues.

• Events outside our reasonable control.

Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is not permitted by law.

20. Force Majeure

Smuwdee shall not be responsible for delay or failure to perform any obligation caused by events beyond our reasonable control.

This may include, but is not limited to, supply chain delays, equipment failure, transport disruption, power outages, extreme weather, strikes, illness, regulatory restrictions, fire, flood, accident, venue access issues, or acts of God.

21. Privacy and Data Protection

When you use our website or contact us, we may collect and process personal data such as your name, email address, company name and message details.

Personal data will be handled in accordance with applicable data protection laws, including the General Data Protection Regulation, where applicable.

For more information, please refer to our Privacy Policy.

22. Changes to These Terms

We may update these Terms & Conditions from time to time.

The updated version will be posted on this website with a revised “Last updated” date.

By continuing to use the website or Smuwdee services after changes are published, you agree to the updated Terms & Conditions.

23. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Malta.

Any disputes arising from or relating to these Terms & Conditions, the website, or Smuwdee services shall be subject to the jurisdiction of the courts of Malta, unless otherwise required by applicable law.

24. Contact

For questions about these Terms & Conditions, please contact:

Smuwdee® Email

sales@smuwdee.com

Website

www.smuwdee.com

Address