Terms & Policy


 

Please read before you use the service

Terms and Conditions

General Terms and Conditions

  1. Introduction
    1. We are Benibox, a brand of http://www.benibox.com, unless otherwise stated.
  1. Definition
    1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
    2. "Privacy Policy" means the policy displayed on the Company’s Website which details how the Company collect and store your personal data;
    3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by the Company;
    4.  The “Company”, and “Its” are references to Benibox (Thailand) Co., Ltd.;
    5. "Goods" is a reference to any goods which the Company may offer for sale from our Website from time to time;
    6.  "Service" or "Services" is a reference to any service which the Company may supply and which you may request via the Company’s Website;
    7. "Chauffeur Service" is a reference to any form of chauffeur service, which is provided by the Company’s Registered Drivers and for which our Registered Drivers take full responsibility;
    8. "Registered Driver" is a third party, which has agreed to co-operate with the Company to provide "Chauffeur Service"; and
    9.  "Website" is a reference to the Company’s Website http://www.benibox.com or the Company’s mobile applications on which the Company offers its Goods or Services.
  1. Ordering Chauffeur Service
    1. By placing Chauffeur Service order through the Company’s Website, you enter into an agreement with the Company with respect to the processing of that order and forwarding it to the Registered Driver. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. In case you are an individual customer, you also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    2. Chauffeur Services requested from this Website are intended for your use only and you warrant that any Services purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
    3. When receiving Services from this Website, you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
    4. The Company will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on the Company’s part. The Company cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
    5. Any Chauffeur Service order that you place with the Company is subject to availability and acceptance by the Company and Registered Drivers. When you place your Chauffeur Service order online, the Company will send you an email to confirm that it has received your order. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that the Registered Driver will be able to supply a service to your order. Once the Company has sent out the confirmation email, the Company will check the availability of the Registered Drivers for the Chauffeur Service.
    6. If the ordered Chauffeur Service can be provided, the Registered Driver will accept the contract and confirm it to the Company. If the details of the order are correct and reasonable, the contract will be confirmed by email from the Company.
    7. If the Chauffeur Service you requested is not available, the Company will also let you know by email or phone call.
    8. The Company has set its own standard for Chauffeur Services which are provided through Website. However, the Registered Driver remains responsible for the quality of the Chauffeur Service.
  1. Cancellation
    1. You may elect to cancel your order for Chauffeur Service from a Registered Driver at any time prior to receiving Chauffeur Service, in which case you may be charged for a cancellation fee defined in the confirmation mail you receive.
    2. The Company may cancel your order if the Chauffeur Service is not available for any reason. The Company will notify you if this is the case.
  1. Price and Payments
    1. Any contract for performing Chauffeur Service from this Website is between you and Registered Driver.
    2. You agree to take particular care when providing the Company with your details and warrant that these details are accurate and complete at the time of ordering. In case you are an individual customer, you also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    3. You understand that use of the Service may result in charges to you for the Chauffeur Service you receive from Registered Driver ("Charges"). After you have received Chauffeur Services through the Service, the Company will facilitate your payment of the applicable Charges on behalf of the Registered Driver, as such the Company act as a Registered Driver’s payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Registered Driver. Charges will be inclusive of applicable taxes where required by law.
    4. Charges paid by you are final and non-refundable, unless otherwise determined by the Company. You retain the right to request lower Charges from a Registered Driver for Chauffeur Service you received by contacting the Company. We will respond accordingly to any request to modify the Charges for a particular Chauffeur Service.
    5. All Charges are due immediately and payment will be facilitated by the Company using the payment method designated in your account, after which the Company will send you a detail of payment by email.
    6. All prices listed on the Website are correct at the time of publication. However, the Company reserves the right to alter these in the future.
  1. Repair or Cleaning Fees
    1. You shall be responsible for the cost of repair for damage to, or necessary cleaning of Registered Driver’s vehicles and property resulting from use of the Services under your account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning").
    2. In the event that a Registered Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by the Company in its reasonable discretion, the Company will notify you the fact that there is a  Repair or Cleaning caused by your usage. The Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Registered Drivers using your payment method designated in your account. Such amounts will be transferred by the Company to the applicable Registered Drivers and are non-refundable.
  1. Information
    1. When the Company has requested information from you, you agree to provide us with accurate and complete information.
    2. You authorize the Company to use, store or otherwise process your personal information in order to provide Services to you and for marketing and credit control purposes. More information can be found in our Privacy Policy.
    3. You are entitled to request a copy of the personal information the Company hold on you. Please contact the Company if you wish to request this information.
  1. Complaints
    1. The Company takes complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to opinion@benibox.com.
  1. Limitation of Liability
    1. Great care has been taken to ensure that the information available on this Website is correct and error free. The Company apologizes for any errors or omissions that may have occurred. The Company cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and the Company does not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    2. By accepting these terms of use you agree to relieve the Company from any liability whatsoever arising from your use of information, Services or your use of Chauffeur Service from a Registered Driver.
    3. The Company disclaims any and all liability to you for the supply of Services to the fullest extent permissible under applicable law. If the Company is found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Services. The Company cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
    4. The Company does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or Chauffeur Service which is provided by Registered Drivers.
    5. The Company shall not be held liable for any failure or delay in performing Services or Chauffeur Service performed by Registered Drivers where such failure arises as a result of any act or omission, which is outside of its reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
    6. The Company does not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Company’s Website.
    7. The Company has taken all reasonable steps to prevent Internet fraud and ensure any data collected from you are stored as securely and safely as possible. However, the Company cannot be held liable in the extremely unlikely event of a breach in its secure computer servers or those of third parties.
    8. In the event the Company has a reasonable belief that there exists an abuse of discount codes or in suspected instances of fraud, the Company may cause the use of the site to be blocked immediately and reserves the right to refuse future service.
    9. Offers are subject to the Company’s discretion and may be withdrawn at any time and without notice.
  1. General
    1. All prices are in local currencies. GST (Goods and Services Taxes) is not included unless indicated.
    2. The Company may subcontract any part or parts of the Services or Goods that the Company provides to you from time to time and the Company may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    3. The Company may alter or vary the Terms and Conditions at any time without notice to you.
    4. Do not use or launch any automated system or program in connection with the Company’s website or its online ordering functionality
    5. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or scrape or hack the website.
    6. The Terms and Conditions together with the Privacy Policy, any order and payment instructions constitute the entire agreement between you and the Company. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
    7. If any term or condition of the Company’s agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    8. These Terms and Conditions and the Company’s agreement shall be governed by and construed in accordance with the laws of the country where the service is provided.
  1. 11.1           Any dispute arising out of or in connection with these Terms and Conditions together with the Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

    The seat of the arbitration shall be Singapore.   The Tribunal shall consist of 1 arbitrator(s).  The language of the arbitration shall be English.



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