Terms and Conditions
By accessing this Site, App and/or using the Services, you hereby agree:
eBuddy is a licensed e-commerce platform under Global NGN Co., Ltd (0-1055-55110-44-7) incorporated under the laws of Thailand. The business location is at 12/05 Phatnakarn Road, Suan Luang, Bangkok 10250.
Site, App and Services
1. The Site and App is owned and maintained by eBuddy.
2. eBuddy operates an online grocery store through the Site or App, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of grocery and non-grocery products; and operates and offers scheduling of third party seller (Marketplace), logistics provider, courier, or vehicle through the use of Site or App:
1. access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
2. search engines or tools;
3. blogs, message boards, communication tools;
4. email or message alerts; and
5. Any other services, features, content or applications that eBuddy may offer through the Site or App from time to time in our sole and absolute discretion.
3. eBuddy reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.
2. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
1. any Service;
2. the Site or App;
3. any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),
1. Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of eBuddy.
2. The Site, App and all Content are the copyrighted work of eBuddy or our content or software providers, and eBuddy reserves and retains all rights in the Site, App and Content.
3. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or eBuddy in writing.
4. You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
1. To access certain parts of the Site, App or Services, you will be required to sign-up for an account with eBuddy (“Account”) and select a user name ("User Name") and password ("Password").
2. You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
1. share or permit others to use your Account or Password; or
2. Assign or transfer your Account to any other person or entity.
3. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. eBuddy shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, or loss, theft, or unauthorized disclosure of your Password, please promptly notify us at: email@example.com. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity
4. Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
5. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information.
6. Where a delivery address is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
1. Cancel any orders placed through such Account(s);
2. Cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;
3. Prohibit such Account(s) or persons from participating in any promotions, contests or surveys of eBuddy; and/or
4. Suspend and/or terminate Account(s).
Orders, Pricing & Payments
1. Delivery areas
At present, eBuddy delivers to most areas in Bangkok, but not certain areas. To find You may also contact us at firstname.lastname@example.org to check on our delivery coverage. eBuddy will only process and accept orders within our delivery coverage.
2. All orders made by you are subject to stock availability. eBuddy reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. eBuddy reserves the right to limit your order or the quantity of a particular product you may order.
2. Product Information, Pricing and Payment
1. eBuddy endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that eBuddy shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site, App or through our Services. If a product offered by eBuddy itself is not as described, your sole remedy is to return it in unused condition.
2. If the actual price of any item ordered by you is higher than that reflected on the Site, App or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
3. Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
1. In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
2. In the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
3. All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
4. Payment for all orders shall be made in THB.
5. We accept payment for orders by MasterCard, Visa.
6. By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
7. eBuddy will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, eBuddy reserves the right to collect funds for any uncollected transactions owed to it. eBuddy may charge a fee of 200 THB per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing.
8. If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, eBuddy may charge such amount directly to the credit card identified in your Customer Account Information and eBuddy may suspend or terminate your access to eBuddy services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that eBuddy may incur in its efforts to collect any unpaid balances from you. Your right to use the eBuddy services is subject to limits established by eBuddy and/or by your credit card issuer.
Promotions, Voucher Codes and other Privileges and Programs
2. Promotions, contests, privileges, and programs are only valid for the time period specified by eBuddy and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
3. The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
1. Each Voucher Code is only eligible for a single use and is only valid for the time period specified by eBuddy.
2. Use of any Voucher Code must be indicated at the time of checkout, and all information required by eBuddy must be provided. No retroactive use of the Voucher Code is permitted.
3. Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
4. A minimum spend of 1500 THB may be required before use of the Voucher Code is permitted.
5. Voucher Codes cannot be refunded, redeemed or exchanged for cash.
6. Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by eBuddy, may be purchased by you and given to others.
7. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
8. Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
9. eBuddy reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
10. eBuddy reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.
4. Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.
5. Where you are permitted to return any product to eBuddy for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, eBuddy may charge the delivery fee and/or the full value of the order without the promotion.
6. eBuddy's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
7. eBuddy reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with eBuddy and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with eBuddy for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of eBuddy is strictly prohibited. You acknowledge that eBuddy and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. eBuddy reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from eBuddy.
2. The trademarks, logos and service marks ("Marks") displayed on this Site or App are the property of eBuddy and other third parties, and all rights to the Marks are expressly reserved by eBuddy and relevant third parties. You are not permitted to use the name of eBuddy or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of eBuddy or such third party.
3. The domain name on which the Site is hosted on is the sole property of eBuddy and you may not use or otherwise adopt a similar name for your own use.
Comments, Feedback, and Other Information
1. You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. eBuddy reserves the right (but not the obligation) to review, remove or edit such content.
2. You hereby grant eBuddy a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as eBuddy may require at its sole discretion. You further agree that eBuddy may use and publish your name in connection with such Comments.
Disclaimers & Limitations
1. While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, eBuddy disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, eBuddy does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. eBuddy does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.
The Site, App, and Service are provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services. Your use of the Site, App, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.
1. You agree that:
1. eBuddy shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and
2. access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
3. eBuddy’s Site, App, and Service may be subject to limitations, delays, and other problems inherently and in any such event, eBuddy shall not be liable for any loss, liability or damage, which may be incurred as a result.
2. In no event shall eBuddy be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that eBuddy is liable for damages despite the foregoing provision, you agree that eBuddy’s aggregate liability to you for any and all causes of action in relation to:
2. In all other cases (including any use of the Site, App or Services), shall not exceed S$1.
3. In no event shall eBuddy be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if eBuddy or a eBuddy authorised representative has been advised of, or should have foreseen, the possibility of such damages.
4. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by eBuddy at either reasonable costs or no costs to you.
1. eBuddy may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. eBuddy has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. eBuddy does not endorse, recommend or guarantee any of the Linked Sites, and eBuddy expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
Security & Privacy
Suspension and Termination
1. You agree that eBuddy has the right in its sole and absolute discretion and without notice or liability to:
1. restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or
2. terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
Without assigning any reason.
Notification of Infringement
1. eBuddy reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify eBuddy in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
2. All Infringement Notices shall be sent to eBuddy addressed as follows:
Global NGN CO LTD
12/05 Phatnakarn Road
Street 41 , Suan Luang 10250
Email address: email@example.com
Attn: Director, Legal & Government Affairs
1. eBuddy will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against eBuddy in respect of any Infringing Material, unless you have first given eBuddy the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter eBuddy refuses or fails to remove the Infringing Material within a reasonable time. Where eBuddy removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against eBuddy under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by eBuddy.
2. You acknowledge and agree that eBuddy has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
1. The Site, App and Services are meant for use by residents of Thailand only. eBuddy makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
1. You agree to indemnify and hold eBuddy, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
1. any use of the Site, App or any Service;
2. your connection to the Site or App;
4. your violation of any rights of any third party, including providers of courier services arranged via the Site, App or any Service;
5. your violation of any rights of another person or entity; or
6. Your breach of any statutory requirement, duty or law.
Relationship of Parties
1. No waiver of any rights or remedies by eBuddy shall be effective unless made in writing and signed by an authorized representative of eBuddy.
Governing Law & Jurisdiction
2. You hereby agree to submit to the non-exclusive jurisdiction of the Thailand courts.