TERMS & CONDITIONS
These Terms and Conditions of Use (“Terms”) govern your use of the website/s and mobile application/s provided by Byaheng Busog (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree within the Terms, please do not use the Platforms.
Byaheng Busog reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
Through our Platforms, Byaheng Busog links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from any of our Vendors (“Order”), Byaheng Busog acts as an agent on behalf of that Vendor to facilitate, process and conclude the order, and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
How to Contact Us
For customer support, you may reach out to us via email - firstname.lastname@example.org or through our in-app customer support chat feature.
You will need to register for a Byaheng Busog account for you to use the Platform. When you register for a Byaheng Busog account, we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To place an Order, depending on which payment method you opt for, you may use Paymaya for purchasing and/or BB Credits will be provided upon request. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Byaheng Busog account are your sole responsibility.
Byaheng Busog shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address, contact information and order number.
If you wish to delete your Byaheng Busog account, please send us an email requesting the same. We may restrict, suspend or terminate your Byaheng Busog account and/or use of the Platforms, if we reasonably believe that you’re already resigned or no longer reporting to your employer.
The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) compared to the photos existing on the site.
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Byaheng Busog and/or third parties who have authorized us with their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Byaheng Busog's trademarks on any other website not approved by us is strictly prohibited. Byaheng Busog will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Byaheng Busog neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Byaheng Busog. Use of any materials on the Platforms is at your own risk.
When you place an Order with Byaheng Busog, Byaheng Busog will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
Special Instructions – Byaheng Busog and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Byaheng Busog and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Byaheng Busog nor the Vendor shall be responsible to replace or refund an Order, which does not conform to special instructions provided by you.
Allergens – Byaheng Busog is not obligated to provide ingredient information or allergen information on the Platforms. Further, Byaheng Busog does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
Prior to Placing an Order
You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
Please note that Byaheng Busog has a cut-off time in taking orders every day at 5:00 PM.
In cases of next-day-reservations made online, cancellation of orders (once confirmed) is no longer allowed, thus 100% of the total contract price shall be charged to the client:
Cancelling an Order
Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
Refunds are the sole discretion of Byaheng Busog. Although an event may be cancelled or rescheduled, Byaheng Busog reserves the right to allow for consulting and coordinating when or if determining to allow for a cancelation or refund of any amount or for any reason.
BB Credits will be credited to your account with the corresponding amount you purchased. This serves as your virtual money to be used in ordering.
Byaheng Busog reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders.
You must ensure that you have sufficient funds on your credit and/or debit card to fulfill payment of an Order. Insofar as required, Byaheng Busog takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided such is reasonable and justifiable, and in accordance with these Terms.
You understand that our Vendors offer their Goods in specific delivery areas and they vary from one delivery area to another. By entering your delivery address on the Platforms, you will see the Vendors that are available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions as well as situations of force majeure.
We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Collection time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
Unsuccessful or Failed Deliveries / Wrong Order, Missing Items, or Defective Goods
Upon receipt of your Order and you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items), please contact customer support via any of the methods indicated in How to Contact Us immediately. In some cases, Byaheng Busog may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
Where available, you will have the option of collecting your Order personally and directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to you. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
In the event of unreasonable delays in the Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement or, refund of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
Limitation of Liability
To the extent permitted by law, Byaheng Busog (which shall include its employees, directors, agents, representatives, affiliates and parent company) shall not be held liable (whether arising in contract, through negligence or otherwise) for any loss or damage, which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms.
The Byaheng Busog entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer or malfunction, or any other commercial damages or losses, even if the Byaheng Busog entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
Byaheng Busog shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Byaheng Busog does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Byaheng Busog shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
You agree to indemnify, defend, hold harmless Byaheng Busog, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
Byaheng Busog has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Byaheng Busog, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Byaheng Busog may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platforms.
Byaheng Busog may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines and any dispute arising out of or in connection with these shall be settled by the competent courts in Mandaluyong, Philippines.