Terms of Use

I. Definitions and Interpretation

 

BAEMIN application ("BAEMIN"): is a mobile application providing e-commerce platform food delivery service, operated by WOOWA BROTHERS VIETNAM COMPANY LIMITED ("Company"). The application helps to connect food providers, delivery service providers, and those who need to use food delivery service ("Service");

 

Customers: are individuals and organizations requesting to use food delivery service using BAEMIN to post a notice of demand for food delivery to purchase;

 

Riders: are food delivery service providers using BAEMIN to connect with customers and the restaurants;

 

Restaurants: are individuals and organizations listed on BAEMIN, with or without the demand of advertising and selling food, who may provide the food that Customers request;

 

Users: are individuals and organizations registering to use BAEMIN Application;

 

Food delivery service: is a food delivery service traded through BAEMIN;

 

Intellectual property: is any patent, copyright, registered or unregistered design, rights to the design, registered or unregistered trademarks, service marks or public ownership, industrial or other intellectual property, including applications for any of the above.

 

II. General Regulations

 

Application name of E-commerce trading floor service provider: BAEMIN

 

1. The Users are individuals, organizations, having demand for ordering food/drink online. The users must register in accordance with legal regulations and be recognized by Management of Woowa Brothers Vietnam Company Limited.

 

2. Food dealt on BAEMIN meets full conditions on food safety and regulations.

 

3. Restaurants are completely responsible for all services and products supplied by themselves to Customers, which are already ordered through use of the services provided by BAEMIN.

 

4. When Users and/or Restaurants access BAEMIN to demand, request, or/and provide Service, User and/or Restaurant already agree to comply with and be bound by the regulations on BAEMIN operation.

 

5. Upon taking part in BAEMIN, Users and Restaurants must learn about their legal responsibilities under Vietnam’s current laws by themselves and commit to their responsibilities in the Regulation of BAEMIN.

 

III. Installation, Registration & Transaction

 

1. Installation Process

 

     Step 1: Download and install BAEMIN Application depending on the device you are using

     Step 2: Once downloaded successfully click BAEMIN Application to start

   Step 3: For the first time of opening BAEMIN Application, the Application will request to click allow for sending notification and having access to the user’s location. Press "Allow" to continue.

 

2. Registration Process

     

     Step 1: Click at the top-right corner of the Application to move to Login page

     Step 2: Choose either "Connect with Mobile Number" or "Connect with Facebook" depending on the preference

          Step 2a-1: (for Connect with Mobile Number): Enter currently using a mobile phone number, and then press "next" to receive a verification number

          Step 2a-2: Enter Name, E-mail address, desired password

          Step 2b-1: (for Connect with Facebook): Press "Continue" when the Application asks "BAEMIN" wants to use "facebook.com" to sign in

          Step 2b-2: Press “Continue as [name]”

          Step 2b-3: Enter currently using a mobile phone number, and then press "next" to receive a verification number

          Step 2b-4: Enter the received verification number

          Step 2b-5: Enter Name, E-mail address, desired password

 

3. Transaction Process

 

     Step 1: Select to which address you would like to receive your order by clicking "Deliver to" and press "Confirm"

     Step 2: Select a restaurant and food/drink which you want to order and click "ADD"

     Step 3: Press "Cart" to review the pickup location, mobile number, order items

     Step 4: Press "Order" to place an order

 

IV. User Account Policy

 

1. By registering or using the BAEMIN application, customers undertake to be at least eighteen (18) years old and have full legal capability to enter civil contracts in accordance with the laws of Vietnam.

 

2. Customers are required to provide accurate information.

 

3. Each Customer can create only one (01) account for personal use.

 

4. Customers are required not to share the account credentials (username and password), give access to BAEMIN account, or transfer the BAEMIN account to anyone else without the Company’s permission.

 

5. Customers cannot use BAEMIN if the account was previously disabled due to violations of the Company’s Terms or Policies.

 

6. Customers can only log in one (01) device at a time.

 

7. One person cannot be at the same time the Rider and the Customer of a transaction.

 

8. Company reserves the right to block or deny access to BAEMIN accounts and/or block features available in BAEMIN, without prejudice to its other rights and remedies:

     (i) if the Company deems, in its sole discretion, that there are violations of any term of these Terms of Use;

     (ii) during an investigation, or suspected fraudulent actions;

     (iii) if these Terms of Use are terminated for any reason; or

     (iv) at any other time in the Company’s reasonable discretion.

 

9. Blocked account could only be reactivated after proper verification and/or at the discretion of the Company.

 

V. Delivery Policy

 

After Customers order food from a Restaurant listed on BAEMIN, the Company will forward the purchase order to the Restaurant. The Restaurant will prepare the food and the rider will deliver as soon as possible. In case delivery time is longer than expected, the company will try to contact the Customer immediately to notify. The Company is not responsible for products sold on BAEMIN.

 

1. Policy on canceling orders

 

Orders on BAEMIN cannot be canceled after the order has already been delivered to the Customer. Customers can only cancel an order via BAEMIN when order status is"Ready," before it changes to "Preparing." If the Customer wishes to cancel the order after the order’s status changed to "Preparing," call Customer Service via 1900 3458 or send email to help@baemin.vn . The Customer Service will check the order’s status after receiving a cancelation request. If the order has not been prepared by the restaurant, the Customer Service may cancel the order. Orders prepared by Merchant cannot be cancelled.

 

2. Policy on refunds

 

All food and drinks sold on BAEMIN cannot be refunded once the Customer receives the food/drinks, except for the wrong items or the items are not in good condition. For the dishes purchased without adequate quality, Company will try to support as set out in the "Dispute Resolution.

 

VI. Policy on Handling complaint

 

     Step 1: Receive complaints

 

     Users can send their comments or complaints in the following forms:

     (i) Send a letter via post to the address of the headquarters of BAEMIN (the letter clearly specifies the problems and relevant information and documents which can support the processing and settlement of such complaints)

          WOOWA BROTHERS VIETNAM COMPANY LIMITED

          11A-15-17 Nguyen Co Thach, An Loi Dong Ward, Thu Duc City, Ho Chi Minh City;

     (ii) Call directly to the Customer Service Desk via Hotline: 1900 3458; or

     (iii) Send directly to BAEMIN email address help@baemin.vn

 

     Step 2: Processing

 

     Within 24 hours (excluding holidays) from receiving, BAEMIN will process the complaint.

 

     Step 3: Answer to Customer

 

     BAEMIN will deliver answers to Customers via mail, telephone, or email. If the complaints are complicated and require more time to resolve and respond to members clearly, BAEMIN will directly contact the customer to extend the time to respond.

 

VII. Payment Method

 

1. Cash: Customers can pay cash directly to the Rider when delivery is completed.

 

2. Cashless payment method including online payment is currently available on BAEMIN Application.

 

VIII. Customer’s Personal Information Protection

 

1. Purpose and scope of personal information collection that Woowa Brothers Vietnam Company Limited collects personal information in order to:

 

     (i) Provide the Services Users request;

     (ii) Understand the way Users use the Services so that the Company can improve the Users’ experience;

     (iii) Provide customized content and advertising;

     (iv) Detect and prevent any fraudulent activities by third parties that may cause harm to Users’ account or relating to Users’ use of the Services;

     (v) Carry out research, survey, analysis with respect to development and improvement of the Services, and create customer profiles; and

     (vi) Submit to the State Agencies as required by the laws of Vietnam.

 

When the User Information is utilized for a purpose other than the above purposes, we shall seek your consent.

 

2. Field of use and time of storing information

 

     (i) Company will provide Restaurants and the riders with the necessary information to carry out the Services to Customers. All transaction information will be kept confidential but in case law agencies require, the Company will be obliged to provide the law agencies this information.

     (ii) After a Service request is carried out successfully, only employees of the Company and the Customer himself can log in personal information.

     (iii) The information will be stored on the system of BAEMIN and operated at Woowa Brothers Vietnam Company Limited’s office with the address as above.

     (iv) Customers can change, look at or erase their information by signing in to BAEMIN Application or by sending an email to the address: help@baemin.vn

 

IX. Management of information

 

1. Users will be responsible for the confidentiality and storage of all activities of using Services under their registered account.

 

2. Users and Restaurants are responsible for making a timely notice to the Company when detecting unauthorized use, abuse, privacy violation, storage of the third party’s registered account to take suitable measures to resolve.

 

3. Users and Restaurants must not use the Services of the Company for the illegal, unreasonable fraudulent, threatening, illegal poll, destructive, virus creation, and distribution purposes, causing damage to the Company’s system, configuration, and transmission of information.

 

4. Users must not use BAEMIN for the purposes of speculation, creating fake orders, including works serving for evaluation of market demand. In case of violation, the User must take responsibilities according to Vietnamese laws.

 

X. Responsibility in case of technical errors

 

1. When carrying out transactions on BAEMIN, Users are obliged to perform in accordance with instructions.

 

2. The Company commits to providing the best quality Services for the Users participating in transactions. In case of arising technical failures, software bugs or objective errors which may result in that a User cannot participate in a transaction, the User can notify the Company.

 

3. Company will correct errors in the earliest time for making the condition for Users to use BAEMIN.

 

However, Company will not be responsible for solving in case User’s notice does not come to the Company, arisen from technical error, transmission and software errors or other errors not caused by the Company.

 

XI. Rights and obligations of BAEMIN Management

 

1. Rights of BAEMIN Management

 

.    (i) Company will provide services for participants after completing procedures and compulsory conditions the Company have stated,

     (ii) Company has the right to change the Terms of Use at any time without prior notice;

     (iii) If the User provides Company with inaccurate, incomplete information, or information violating the law or Vietnam's fine custom, the Company has the right to refuse, suspend or terminate the Users' account;

     (iv) Company can suspend or terminate Users' account in case the user breaks the regulations of the Company or has an act of affecting business operation of the Company;

     (v) In case of account termination, all Users' issued certificates, rights will be automatically invalid and terminated;

     (vi) All rights on the use of the services and contents on BAEMIN by the Company according to legal provisions on the protection of intellectual property in Vietnam. All logos, contents in different languages are under the ownership of the Company. All acts of copying, use and illegal dissemination of the copyrighted materials are strictly prohibited;

     (vii) Company reserves the right to change service prices and payment method during the time of providing services for Users in accordance with the Company's needs, conditions and ability.

 

2. Obligation and responsibility of BAEMIN Management

 

    (i) Company forwards information of purchase orders placed on BAEMIN to Riders and Restaurants. In any case, the Company is not responsible for the quality of the food and drink. The Company’s responsibility is merely to transfer information of orders to the Riders and Restaurants;

     (ii) Company will try to facilitate the process of placing orders as soon as possible. However, the Company will not bear any liability for failure condition or time of inactive application;

     (iii) Company commits to post only exact information. However, posted information can also be changed or be inaccurate. The matters arising from giving inaccurate information belong to the concerned restaurant’s responsibility and the Company will not bear any liability.

 

XII. Right and responsibility of Users

 

1. Right of Users

 

     (i) Users will have the right to sign in to use BAEMIN to order food and drink without payment of any other fee for service apart from fee for food and drink, delivery fee and transaction fee;

     (ii) Users have the right to send questions, suggestions or reflect BAEMIN during operation as per the above claim process.

 

2. Obligation of Users

 

     (i) Provide full and accurate personal information: name, email, phone number, address (districts, provinces) and other information, and to be responsible for the legality of the above information;

     (ii) Must not use any program or tool or other means to intervene in the system or alter data structures. It is strictly forbidden to distribute, disseminate or support any activities aiming at intervention, trespassing or destruction of application system;

     (iii) Users will themselves be responsible for the privacy and storage of all service use activities under their registered accounts. Users are responsible for making timely notice to the Company on unauthorized use, abuse, violation of privacy, and storage of their registered account information;

     (iv) Users commit not to use the Services of BAEMIN for illegal purposes. In case of violating, Users must bear responsibility for their activity according to the laws.

 

XIII. General Provisions

 

Company may amend these Terms of Use at its sole discretion from time to time. Company will use its reasonable endeavours to notify User of any material changes to the Terms of Use; however User agrees that it is User’s responsibility to review the Terms of Use regularly and User’s continued use of the BAEMIN application will constitute User’s acceptance to the amendments.

 

Address of the Company:

WOOWA BROTHERS VIETNAM COMPANY LIMITED

Address: 11A-15-17 Nguyen Co Thach, An Loi Dong Ward, Thu Duc City, Ho Chi Minh City.

Email: help@baemin.vn

Hotline: 1900 3458