Terms and condition
Bahtu Ltd, a company registered in accordance with the laws of the United Kingdom (referred to as "Bahtu"), extends a warm welcome to you for using the Bahtu mobile application, accessible by end Customers (referred to as "Customers") via the mobile phone application known as the "Bahtu (Customer) Mobile App."
These terms and conditions (referred to as "Terms") are established to govern your utilization of the Bahtu (Customer) Mobile App. By using the Bahtu (Customer) Mobile App, you indicate your consent to abide by these Terms directly or indirectly. Therefore, Bahtu strongly advises you to thoroughly review these Terms before utilizing the Bahtu (Customer) Mobile App.
It's important to note that these Terms are divided into five main sections:
- Provisions concerning the Bahtu (Customer) Mobile App.
- Rules governing the relationship between you and the vendors who have listed their goods and/or services ("Goods" or "Services") on the Bahtu (Customer) Mobile App for your purchase (referred to as "Vendors").
- Your obligations and duties in relation to using the Bahtu (Customer) Mobile App.
- Terms pertaining to orders and other related matters.
- Provisions governing the relationship between Bahtu and you.
Section A: Bahtu (Customer) Mobile App
a. License to Access
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BAHTU grants you a royalty-free, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license ("License") for the use of the Bahtu (Customer) Mobile App, provided that you adhere to the following conditions at all times:
- Compliance with the Terms.
- Compliance with Terms regarding intellectual property ("IP") rights as specified in Clause C(b) below.
- Ensuring that your use is solely for unrestricted activities as outlined in Clause C(a).
- Ensuring that your use is personal and not on behalf of a third party (unless prior written permission is granted by BAHTU) or for commercial purposes (such as reselling Goods to third parties).
- Ensuring that only one (1) account per National Identity Card ("Principal Identity"), against which a subscriber identity module card ("SIM Card") verified by Bahtu is created by you on the Bahtu (Customer) Mobile App, and unauthorized access is not provided to such an account by you to any third party. If other SIM Cards have been issued based on the Principal Identity, up to five (5) accounts may be created, including the one created against the Principal Identity.
- Ensuring that your use is for legally permissible activities.
- Compliance with any other conditions communicated to you by BAHTU.
Failure to comply with the above-mentioned conditions will result in the revocation of your License, and BAHTU reserves the right to close/delete your account. In such cases, you will have no recourse against BAHTU or the Vendors. BAHTU also reserves the right to cancel ongoing/existing orders and delete the entire history of your activities on the Bahtu (Customer) Mobile App. BAHTU may take legal action against you as deemed appropriate in its sole discretion.
- BAHTU retains all rights related to the Bahtu (Customer) Mobile App that are not explicitly granted to you by these Terms.
b. Your Account
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To use the Bahtu (Customer) Mobile App, you must register and set up your account ("Account") on the Bahtu (Customer) Mobile App. During this process, you must provide accurate and up-to-date information about yourself.
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You are responsible for maintaining the confidentiality of your login details and related private information associated with the Bahtu (Customer) Mobile App. If you suspect or have reason to believe that your Account's access is compromised, you must take the necessary actions to update your login details or delete your account. If you are unable to do so, you should promptly inform BAHTU ("Intimation"). Activities on your Account, unless BAHTU has received an Intimation from you, will be considered as actions taken by you.
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BAHTU reserves the right to suspend, block, and/or delete your Account without providing any reason if it has grounds to believe that the Account is being used in violation of the Terms.
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BAHTU will handle, store, and share data in accordance with its Privacy Policy. For the purposes of this Clause, "data" includes the information you provide during registration on the Bahtu (Customer) Mobile App, other related private information, the orders you place, instructions provided to the Vendors, the riders who deliver your Goods (whether employed by BAHTU, "BAHTU Riders," or other legal entities or third parties appointed by BAHTU, "Other Riders"). Additionally, data encompasses information generated and stored through your use of the Bahtu (Customer) Mobile App and any other information that BAHTU, in its sole discretion, considers to fall under the category of data.
Section B: Customer Duties/Obligations
a. Restrictions
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By using the Bahtu (Customer) Mobile App, you acknowledge that it serves as an intermediary between you and the Vendors. The primary purpose of the Bahtu (Customer) Mobile App is to facilitate a contract of sale between Customers and Vendors.
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BAHTU is not responsible for and shall not be held liable for issues related to the price quoted for certain Goods by a Vendor, the quality of received Goods, quantity, fitness for use, specifications, warranties, and other related matters. Your only recourse in such instances will be against the Vendor(s).
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BAhtu (Customer) Mobile App functions solely as an intermediary platform, and BAHTU disclaims any responsibility or liability for inaccuracies in the product descriptions of Goods on the Bahtu (Customer) Mobile App or if the received Goods do not conform to the descriptions provided on the Bahtu (Customer) Mobile App. BAHTU does not inspect the Goods offered by Vendors on the Bahtu (Customer) Mobile App and is not responsible for such inspections.
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By using the Bahtu (Customer) Mobile App, you explicitly accept that you have consciously chosen to use the platform and enter into contracts with Vendors without recourse to BAHTU in the event of any disputes with the Vendor(s) concerning the Goods.
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Once Other Riders have collected the Goods, BAHTU is relieved of any claims arising from mishaps in the delivery process. Liability in such cases rests with the Other Riders or the Vendors, if the Other Riders work for the Vendors. However, BAHTU shall be responsible for the gross negligence or willful default of BAHTU Riders.
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The listing of Vendors, Goods, and the provision of website links or contact details of Vendors or other businesses on the Bahtu (Customer) Mobile App should not be construed as an endorsement by BAHTU of the Vendors or Goods. In the event of disputes with the aforementioned parties, your legal action shall be subject to the terms and conditions of those parties.
Section C: Relationship between Customers and Vendors
a. BAHTU as Intermediary
By registering and using the Bahtu (Customer) Mobile App, you agree not to engage in the following actions directly
or indirectly:
- Creating more than one (01) account on the Bahtu (Customer) Mobile App per Principal Identity, against which a SIM Card, as verified by Bahtu, is issued. However, if other SIM Cards have been issued based on the Principal Identity, no more than five (05) accounts per Principal Identity may be created.
- Gaining unauthorized access to the Bahtu (Customer) Mobile App.
- Providing unauthorized access to any other person for your Account.
- Impersonating another person through your Account.
- Using the Bahtu (Customer) Mobile App for commercial purposes or for the resale of Goods purchased from Vendors outside the Bahtu (Customer) Mobile App.
- Using your Account for an entity or third party without obtaining prior approval from BAHTU.
- Using your Account in violation of local, national, and UK regulations, rules, and orders.
- Failing to pay outstanding amounts in your Account.
- Posting comments or correspondence on the Bahtu (Customer) Mobile App that are unlawful, demeaning, derogatory, discriminatory, harassing, threatening, defamatory, or slanderous, as determined by BAHTU.
- Posting private and personal information of others without their consent on the Bahtu (Customer) Mobile App.
- Tampering with the feedback mechanism by making false, misleading, and unsubstantiated claims against the Vendors or Goods.
- Posting spam, promotional, or irrelevant material on the Bahtu (Customer) Mobile App.
- Using mining tools or other automated means to harvest or collect data of other Customers of the Bahtu (Customer) Mobile App, Vendors, or Riders without their consent.
- Inciting or encouraging others to engage in acts that violate the Terms.
- Canceling an order on the Bahtu (Customer) Mobile App after the Vendor has accepted and dispatched the order or provided the Services.
- Refusing to pay the Riders for an order after receiving it at your doorstep.
- Filing a claim for a refund after using the Goods.
b. Intellectual Property
By registering on the Bahtu (Customer) Mobile App, you agree not to infringe upon and take all reasonable steps to prevent the infringement of intellectual property (IP) rights associated with the Bahtu (Customer) Mobile App, as well as the IP rights of associated software, BAHTU, Vendors, Riders, and all other content and material existing and/or posted on the Bahtu (Customer) Mobile App.
You acknowledge that IP rights to BAHTU's logos, name, catchphrases, advertisements, promotional material, website/apps, music, sound, selection arrangement, graphics, button icons, and all content posted on the Bahtu (Customer) Mobile App are owned by BAHTU. However, IP rights for the pictures of the Goods (excluding those taken by BAHTU), descriptions of the Goods, Vendors' names, logos, and other details related to the Goods are owned by the respective Vendors.
Any content you upload to the Bahtu (Customer) Mobile App is considered non-confidential and non-proprietary, and BAHTU may publish it openly. You acknowledge that BAHTU is not infringing your IP rights by publishing such content.
You must refrain from infringing IP rights related to everything available on the Bahtu (Customer) Mobile App, whether belonging to BAHTU or the Vendor, by posting or addressing it on any platform other than the Bahtu (Customer) Mobile App.
BAHTU may disclose your identity to any third party claiming that certain content posted or uploaded by you on the Bahtu (Customer) Mobile App violates their IP rights, confidentiality, or other rights in accordance with UK regulations.
BAHTU reserves the right to remove any content you post on the Bahtu (Customer) Mobile App for any reason and if it does not comply with the Terms and UK laws.
Section D: Orders
a. Pricing
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Prices quoted/listed on the Bahtu (Customer) Mobile App are accurate at the time of publication.
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BAHTU shall not be responsible if a Vendor quotes or charges a different price for Goods on the Bahtu (Customer) Mobile App than the price charged elsewhere, such as on the Vendor's own website/mobile application or in physical stores.
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You understand and acknowledge that:
- Your order needs to be accepted by us before it is confirmed, and you will receive a notification if your order is accepted.
- The Vendor reserves the right to change/modify the prices of Goods at any time, and Bahtu may adjust pricing to reflect changes from its Vendor partners.
- Prices of Goods may change from the time of selection to the time of payment.
- The price you actually pay for Goods may differ from the quoted/listed price due to various components, including taxes, delivery charges, and discounts or promotional vouchers (if offered by BAHTU or Vendors) on the Bahtu (Customer) Mobile App.
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All Items are subject to availability, and Bahtu cannot guarantee that any of the Items sold are free of allergens.
b. Payment Methods
You can choose from the following payment methods for purchasing Goods from the Baht
u (Customer) Mobile App:
- Payment via account-to-account (a2a open banking PSD2) transfer, your debit/credit card issued by a banking company or a financial institution (Bank Card) on the Bahtu (Customer) Mobile App.
- Payment from the balance in the digital wallet available on your Account (Bahtu Pay), which can be credited either by the Rider when you make an excess payment or by you depositing money in your Bahtu Wallet through online transactions.
When making a payment through your Bank Card, you must ensure that you have sufficient funds available in your bank account for the payment to be processed. The Rider will not release possession of the Goods if they have not been paid for. If you mistakenly receive delivery of Goods you have not paid for, you are obliged to return those Goods to the Vendor.
When you purchase returnable items (Returnables), you have an opportunity to examine and inspect them upon delivery. If you paid for the Returnables through Electronic Means, your payment will be held in an escrow account (Escrow) established by Bahtu until you have had an opportunity, not exceeding twelve (12) hours from the time of delivery, to examine and inspect the Goods. After this period, Bahtu will pay the Vendor from the amount in the Escrow. In the event of a dispute between you and the Vendor regarding payment for the Returnables, Bahtu will investigate the matter to reach an amicable solution.
c. Taxes
Taxes will be levied and payable in accordance with applicable UK laws.
d. Cancellation
- You are entitled to refuse the delivery of Returnables if they do not match the description or condition promised on the Bahtu (Customer) Mobile App by the Vendor.
- In the case of Goods that are not Returnables, you can refuse to pay if you do not receive the Goods you ordered or if the Goods delivered do not match the description or condition promised on the Bahtu (Customer) Mobile App by the Vendor.
- You are not allowed to refuse the delivery of perishable items.
e. Refunds
You are entitled to a refund of your payment in the Escrow if:
- You do not intend to take possession of the Goods after examining/inspecting them upon delivery.
- A driver does not deliver due to negligence.
f. Delivery
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You must provide a valid address for delivery in the region where the transaction will take place.
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Delivery charges are based on the distance between the Vendor and your address.
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Your order is intended to be delivered as soon as possible, but it may be delayed or fail to be delivered in the following instances:
- You respond/confirm late to the Vendor's request for variations due to insufficient or unavailable Goods.
- You provide a wrong/inaccurate address for delivery.
- No one is available at the delivery address (the Rider is allowed to leave after 8 minutes).
- You are unreachable when the Rider tries to contact you.
- Security concerns at the time and location of delivery.
- Force Majeure events (acts of God, flood, tempest, epidemics, terrorism, civil commotion, strikes, lockouts, and other events outside the control of BAHTU and/or the Vendor).
- Technical issues with the Bahtu (Customer) Mobile App or issues faced by the Vendor or the Rider.
g. Modification of the Order
- Vendors have the right to reject your order if they are unavailable to process and dispatch it to your address.
- Vendors have the right to propose modifications to your order if they have an insufficiency of the Goods ordered. However, you also have the right to reject such modifications. The process of modification and your acceptance/rejection of it will take place on the Bahtu (Customer) Mobile App.
- You are entitled to refuse delivery of the order following a modification if it was not confirmed by you on the Bahtu (Customer) Mobile App.
h. Vouchers, Discounts, and Promotions
BAHTU and Vendors may introduce vouchers, discounts, or promotional offers on the Bahtu (Customer) Mobile App, subject to the terms and conditions attached to these offers. These offers may not be used in conjunction with other offers, exchanged for cash, and may apply only to specified Vendors or Goods, as indicated in the terms and conditions.
Section E: Relationship between you and BAHTU
a. Representations and Warranties
- Information, content, data, and material on the Bahtu (Customer) Mobile App are provided on an "as is" or "as available" basis, and your reliance on them and your use of the Bahtu (Customer) Mobile App are at your own risk. BAHTU excludes any representation or warranty that the Bahtu (Customer) Mobile App will be error-free or uninterrupted.
- You represent and warrant that you will not hold BAHTU responsible for any grievances against the Vendors regarding the delivered Goods or against the Riders regarding the delivery process.
- BAHTU is not responsible for temporary unavailability of the Bahtu (Customer) Mobile App due to technical glitches, routine system maintenance, server breakdowns, or other rare occurrences.
b. Amendment to the Terms
You acknowledge that BAHTU may amend these Terms at any time, deleting, modifying, or adding new terms and conditions. You agree to check the Bahtu (Customer) Mobile App regularly for any Amendments and will not hold BAHTU, its directors, officers, employees, affiliates, licensors, licensees, contractors, representatives, partners, agents, Vendors, and Riders responsible for any damage, losses, or inconvenience resulting from the Amendments.
c. Indemnity
To the maximum extent permitted by law, BAHTU, its directors, officers, employees, affiliates, licensors, licensees, contractors, representatives, partners, and agents will not be held liable for liabilities, losses (including indirect loss), consequential damages, whether based on contract, tort, or any other legal theory, arising from your use of the Bahtu (Customer) Mobile App or your breach of these Terms. You are obligated to assist BAHTU in handling any claims and indemnify BAHTU for any liabilities, damages, costs, and legal fees that BAHTU may be entitled to settle or deal with at its discretion.
You release and do not hold BAHTU and its directors, officers, employees, affiliates, licensors, licensees, contractors, representatives, partners, and agents responsible for any non-performance or negligence on the part of the Vendors and/or Other Riders.
These provisions, along with those relating to indemnities, IP rights, and confidentiality, will survive the suspension, blocking, or deletion of your Account.
c. Termination
- You and BAHTU have the right to terminate your access to the Bahtu (Customer) Mobile App at any time. Deleting your Account will mean that you are no longer bound by the Terms, except for those terms and conditions that survive the Termination.
- If you are found in violation of these Terms, your Account may be deleted, and access to the Bahtu (Customer) Mobile App may be revoked.
- Parties subject to these Terms will continue to be responsible for any accrued rights and obligations arising before the Termination.
- You release and do not hold BAHTU and its directors, officers, employees, affiliates, licensors, licensees, contractors, representatives, partners, and agents responsible for any damages or losses suffered or caused by your termination from the Bahtu (Customer) Mobile App.
d. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United Kingdom, and you agree to be bound by the exclusive jurisdiction of UK courts for any dispute arising from or related to these Terms. You release and do not hold BAHTU and its directors, officers, employees, affiliates, licensors, licensees, contractors, representatives, partners, and agents responsible for any expenses incurred by you as a result of any lawsuit brought against you by any other Customer, Vendor, Rider, or third party for any breach of these Terms.
e. Notices
All notices, requests, claims, demands, and other communications under these Terms must be in writing and sent to BAHTU through the contact details provided on the Bahtu (Customer) Mobile App.
Section F: Entire Agreement
These Terms, as well as the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and BAHTU, supplanting any other prior agreements, promises, representations, warranties, and understandings, whether written or oral, about the subject matter of these Terms.