Amended on Jan 2023
Acceptance of terms
These Terms of Service (the
“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to
and use of the Bee the change app/website (the “Site”) and any related mobile or software applications
Please
read these Terms carefully. By accessing or using the Bee the change (‘’BTC’’) Platform, you agree to these
Terms and conclude a legally binding contract with Bee the change eco tech Pvt ltd and/or its affiliates. You
may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the
BTC Platform is at your own risk, including the risk that you might be exposed to objectionable or otherwise
inappropriate content.
Definition
Introduction
Thank you for using Bee The change.
Our mission is to reduce surplus waste in the food retail industry and contribute to a cleaner, greener
environment.
BTC provides a platform for the consumer (“Customer”) to interact and make a
reservation for surplus food products in “Treat Bags” (“Products”) at food stores, restaurants, supermarkets,
bakeries, etc. (“Stores”) displayed on our platform (the “Service”)
Once the Product is reserved by the
Customer on the portal then BTC will confirm this through the platform.
After the reservation, the
Customer commits to be present at the Store at the collection time. while the Store commits to offer the
Products for sale, as specified herein. Both parties have a right to cancellation.
BTC is solely
arranging the sale of Products on the Platform on behalf of a Store, and there shall be no contractual
relationship between BTC and the Customer with regard to the Products or the sale of Products. BTC has no
responsibilities in respect of the Products or fulfillment of the agreement between the Store and the
Customer.
BTC is solely collecting the Purchase Price for the Products on behalf of the Store and is
thus merely acting as a payment agent on behalf of the
Store.
Customer
“Customer” or “You” or “Your” refers to you, as a customer of
the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying,
hosting, publishing, transacting, or uploading information or views or pictures and includes other persons
jointly participating in using the Services including without limitation a user having access to ‘ business
page’ to manage claimed business listings or otherwise.
Content
“Content” will
include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all
other forms of information or data. “Your content” or “Customer Content” means content that you upload, share,
or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos,
messages, chat communication, profile information, or any other materials that you publicly display or displayed
in your account profile. “BTC Content” means content that BTC creates and makes available in connection with the
Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation,
computer code, products, software, aggregate ratings, reports, and other usage-related data in connection with
activities associated with your account and all other elements and components of the Services excluding Your
Content and Third-Party Content. “Third Party Content” means content that comes from parties other than BTC or
its Customers, such as Business Partners, and is available on the Services.
Payment
Upon ordering the required Treat bag from the relevant store, the Customer shall make the necessary
payments using the various payment mechanism available on the Platform as per the Invoiced Amount raised by the
store.
The User shall also be liable to pay any additional charges and/or applicable taxes that may be
applicable to the transaction.
Upon fulfillment of payment of the Amount via the Platform, you may be
required to show the payment confirmation to the store or its authorized
personnel.
Eligibility of use of service
○ When placing an order on the
Platform, the Customer confirms:
○ That they are legally capable of entering into binding agreements,
○
Should be shopping for personal use
to be 18 years old and have access to money to pay digitally for payment
on the Platform.
By accepting these Terms, the Customer accepts to receive all relevant information in
English. Furthermore, the Customer accepts that all agreements between the Customer and BTC and any related
information necessary for conducting the Services are stored by BTC in accordance with BTC’s privacy
policy.
By accepting these Terms, the Customer accepts to receive emails and text messages related to any
orders placed by the Customer. This is required by BTC in order to ensure that the Customer receives all
essential notifications related to the order. BTC reserves the right to revise and amend the Terms from time to
time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the
order.
Account Registration
you may access the Platform by registering to create an
account (” BTC Account”) and become a member; or (c) you can also register to join by logging into your account
with certain third-party social networking sites (“SNS”) (including, but not limited to, Google Facebook); each
such account, a ” Third Party Account”, via our Platform, as described below. The Membership is limited for the
purpose and is subject to the terms, and is strictly not transferable. As part of the functionality of the
Platform services, you may link your BTC Account with Third Party Accounts, by either:
providing
your Third Party Account login information to us through the Platform;
or
allowing us to access your
Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each
Third Party Account.
You represent that you are entitled to disclose your Third Party Account login
information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for
the purposes described herein), without breach by you of any of the terms and conditions that govern your use of
the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage
limitations imposed by such third party service providers.
By granting us access to any Third Party
Accounts, you understand that we will access, make available, and store (if applicable) any content or
information that you have provided to and stored in your Third Party Account (” SNS Content”) so that it is
available on and through the Platform via your BTC Account.
Unless otherwise specified in these Terms of
Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of
Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have
set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts
will be available on and through your BTC Account on the Platform.
Please note that if a Third Party
Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the
third-party service provider, then SNS Content will no longer be available on and through the
Platform.
You agree to provide accurate, current, and complete information during the registration
process and update such information to keep it accurate, current, and complete.
We reserve the right to
suspend or terminate your BTC Account and your access to the Services (i) if any information provided during the
registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed
that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be
non-compliant with the Terms of Use or other BTC policies.
You are responsible for safeguarding your
password. You agree that you will not disclose your password to any third party and that you will take sole
responsibility for any activities or actions under your BTC Account, whether or not you have authorized such
activities or actions. You will immediately notify us of any unauthorized use of your BTC Account.
Goods
and services purchased from the Platform are intended for your personal use and you represent that the same are
not for resale or you are not acting as an agent for other parties.
Cancellation and refund
policy
BTC’s mission is to avoid waste of surplus food and other products and therefore, if the
Store has no Products in surplus, the Store may cancel the Reservation Order up until three hours before the
beginning of the agreed time of Pick-up (as described below). In this case, the Customer will receive a
cancellation notification from BTC or the Store via email and/or SMS/and or a notification from the Platform
provided that the contact information provided to BTC is correct and that the customer has agreed to receive
such notifications.
Since the Products are perishable Surplus goods and since BTC’s Mission is to avoid
waste of food and other products, the Customer can only cancel the Reservation Order within one hour after
placing the order.
If the Customer cancels the Reservation order outside of the rights set out above,
the Customer will not be entitled to a refund.
Limitation of Liability
EXCEPT AS
EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL BTC BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES
OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON
CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE
ANY WAY CONNECTED WITH (1) THIS T&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE BTC PLATFORM, THE
BTC CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY
TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY STORE OR THE PERFORMANCE,
NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY STORE OR BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU
SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE BTC SITE BY REFERRAL, LINK, OR ANY
OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS
ASSOCIATED WITH THE USE OF THE SERVICES OR THE BTC CONTENT. BTC IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED
WITH ANY STORE FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE
PAYMENT SERVICES. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE
EXPRESSLY SET FORTH IN THE BTC POLICIES, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE EXCLUSIONS AND
LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE THE CANCELLATION OR
TERMINATION OF YOUR BTC SERVICES.
Changes to Terms
These Terms of Use are subject to
modifications. We reserve the right to modify or change these Terms of Use and other BTC policies at any time by
posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable
to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for
regularly reviewing the Terms of Use and the other BTC policies and note the changes made on the Platform. Your
continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of
Use and other BTC policies. As long as you comply with these Terms of Use, BTC grants you a personal,
non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these
Terms of Use, you also accept and agree to be bound by the other terms and conditions and BTC policies
(including but not limited to Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy)
as may be posted on the Platform from time to time.
Complaints and Resolution
In case
of a complaint relating to a Product or the contents in the Treat bag, the Customer shall address the complaint
to the Customer Service of BTC before considering any other action. BTC will try to resolve the complaints as
deemed correct and the decision solely rest by BTC. In the event of the resolution is deemed not satisfactory by
you, BTC’s terms do not limit you to exercise other available means to resolve the disputeAll complaints are
handled exclusively by BTC and the Customer should directly address the complaints to BTC and not to the
Store.The Customer shall verify the content of the Products upon receipt.In case of a complaint, the Customer
shall contact BTC via the Platform and provide the requested information and information about the Products and
why the Customer is unsatisfied. After receiving the complaint, BTC will process the complaint in cooperation
with the Store if relevant and the Customer will receive a reply from BTC.DisclaimerPrices on any product(s) as
reflected on the Platform may due to some technical issue, typographical error, or product information supplied
by stores be incorrectly reflected and in such an event store may cancel the customer’s Order(s).The store shall
be solely responsible for any warranty/guarantee of the goods or services sold to the customer and in no event
shall be the responsibility of BTC.The transactions are bilateral between the store and the customer, therefore,
BTC is not liable to charge or deposit any taxes applicable to such transactions.