Terms and Conditions
These Terms and Conditions (these “Terms and Conditions”) govern the use of the BEBY platform (the “Platform”), available through the mobile application on Google Play or on the Apple Store (collectively referred to as the “Application”), or directly on the website at the following address beby.global (the “Website”).
These Terms and Conditions are available to Users from the Website and within the Application.
All Users declare that they are aware of and have accepted these terms and conditions before any use of BeBy.
- Definitions
- Purpose of the Terms and Conditions
- Disclaimer
- Signing up
- Terms of Use
- Personal data
- Intellectual Property
- The Company’s Liabilities
- Various Stipulations
- Governing Law and Jurisdiction
1. Definitions
“User” refers to all users (individuals of legal age) of the Platform or Services and includes all visitors.
“Giver” refers to all food giver in this platform (individual, company or any society).
“Taker” refers to all food taker in this platform (individual, company or any society).
“Company” refers to Global Tunikara.
“Application” refers to the Android© or Apple© BeBy mobile applications, that can be downloaded from Google Play or the Apple Store respectively, which allow users to access the Services.
“Food” refers to all Donated Foods and all Requested Foods.
“Requested Food” refers to all foods that a User is looking to have donated to them by another User and is the subject of a public request in the “Requests” section of the Platform.
“Donated Food” refers to all foods that their owner wants to donate on the Platform.
“Platform” refers to the Application
“Service” refers to the service offered to all Users of the Platform, allowing them to post a donation, mark a Food as available for pick-up, to make requests or to respond to the post.
“Website” refers to the BEBY website, available at this URL www.beby.global, which allows Users to access the Service.
2. Purpose of the terms and conditions
These Terms and Conditions define the terms of use of the Platform and its Services by Users. They govern the relationships between Users of the Service.
In using the Platform, all Users accept these Terms and Conditions without reservation and confirm that they are a private person of full age and capability.
These Terms and Conditions apply to all Users.
The Company reserves the right to modify these Terms and Conditions. They will be applicable as soon as they are put online.
3. DISCLAIMER
- BeBy is not responsible to any claim that might arise and make no representations, warranties or guaranties whatsoever with respect to the quality or hygiene of the donated food products.
- BeBy is not responsible to any misinformation of the food stated by the donor/giver such as the expiry date food, halal or vegetarian status. Once the donated food products are received by users, BeBy shall not be responsible for any adverse reactions, side effects, injury, bodily harm or death that results from consumption of the donated food products or any other liability arising thereof.
- BeBy also is not responsible of the resale food product after users take the food.
- BeBy will not verified the types and conditions of food as the communication to give and take solely at user end.
4. Signing up
- All Users expressly declare that they are of legal age when signing up to the Platform.
- Users can use an email address, username, phone number and a password to create an account.
- The User is solely responsible for their account and how it is used.
- When creating an account on the Platform, the User accepts these Terms and Conditions.
5. Terms of use
5.1 Description of the features
All Users will have access to the following features under the terms described in these Terms and Conditions:
- Users can choose to be a giver or a taker when using the app,
- Post a food to donate or to pick up the food,
- Default location is 15km radius area,
- Viewing Food and searching by certain criteria,
- Instant messaging between a Giver and Taker.
5.2 Publishing a classified advertisement
All giver may post a photo offering to donate one or more Donated Foods that they own.
The Food concerned is localized and described by the giver. The giver can publish one or several photos in the posting.
In posting the food, all user declare that they own the concerned Donated Food and commit to giving the Food the most accurate description possible.
In posting the food, all Users expressly accept that the content of the posting will be used by the Company for communication purposes or may be duplicated on the Company’s Website.
5.3 Picking up a Food
All Users have access to a list of Foods, their descriptions and images, and to the Giver’s profiles.
A taker who is interested in a Food, can book and contact the giver directly using the chat to let them know that they are interested in their Donated Food or to know the exact location of the Food.
The giver has real-time access to the list of takers interested in the Donated Food they are offering and can organize pick up of a Donated Food with the taker of their choosing.
5.4 Searches for food
All Users can search by location to see if a Food that matches what they’re looking for has been donated on the street on the Platform.
6. Personal data
The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
For this reason, BeBy have adopted this Personal Data Protection Policy (“this Policy”) in compliance with the Personal Data Protection Act 2010 of Malaysia (“PDP Act”).
7. Intellectual property rights
The BeBy trademark, as well as all other trademarks figurative or otherwise, and more generally all other trademarks, illustrations, images, or logos that appear on the Platform are owned by or licensed to the Company by its partners.
Any full or partial reproduction, modification, or use of these trademarks, illustrations, images and logos, for any reason, without the consent of the Company is strictly prohibited.
8. Liabilities and commitments
The Services governed by these Terms and Conditions are those that appear on the Platform. It is the Giver responsibility to display and describe the Foods.
The Company will not be held responsible for any indirect harm a User of the Service might suffer during an activity involving a Food, because of its condition of following its consumption in the case of a food.
8.1 The user’s commitments
The User declares and warrants that they are not breaking any regulations in force nor trespassing on any third-party rights when using the Services. Users will not behave in a manner that is contrary to morality, insulting or degrading to others.
The User asserts that their personal account is free of:
- Inaccurate or misleading information
- Information that may infringe on the rights of others
The User accepts that they are solely responsible for the information provided when creating a personal account.
Users also understand that it is strictly prohibited to use the Platform and its Services, in any way, with the intention of reselling Foods.
The User is aware of and accepts that the Company can delete an account that violates law or these Terms and Conditions, at any moment without warning.
8.2 Suspending, terminating and/or limiting access to an account
You may end your contractual relationship with BeBy any time, without incurring fees and without giving any specific reason. All you have to do is email support@beby.global asking to delete the account. Consequently, the User’s profile will be permanently deleted.
When the User wishes to use the Application again, they must register for an account and agree to the same conditions as their initial sign up. The User will not be able to reactivate their previous account.
Should you (i) breach these Terms and Conditions, in particular your commitments as a User as mentioned in articles (ii) BeBy has reasonable grounds to believe that it is necessary to do so to protect the security and integrity of the Platform, the rights of Users or third parties, for fraud prevention or investigations, or to preserve the user experience on the Platform, the Company reserves the right to:
- terminate, immediately and without warning, these Terms and Conditions; and/or
- prevent the publication of or delete all notices, advertisements, messages, or all content published by the Users or Advertisers on the Platform; and/or
- limit your access to and use of the Platform; and/or
- temporarily or permanently suspend your account.
When necessary, you will be notified that these measures have been put in place, in order to provide you with an opportunity to offer an explanation to BeBy. The Company will decide, at their sole discretion, whether to lift these measures or not. If an account has been permanently deleted, no refund will be offered for unused purchased Credits or if a subscription is in progress.
8.3 BeBy’s responsibilities and obligations
The Company can in no way be held responsible for the content of published by Users and gives no warranty, express or implied, in this regard.
The Company is a third party to correspondences and relationships between Users, and therefore assumes no liability in this regard.
8.4 Limitation of liability
The Company does its best to ensure delivery of the Services to Users and accessibility to the Platform.
However, the Company does not claim any responsibility for:
- Interruptions, disruptions, momentary inaccessibility, modifications or dysfunctions on the Platform, no matter the communication medium or their origin and source, especially with regard to technical problems,
- Direct or indirect damages, of any nature, incurred by the User, as a result of the content of a management, use, exploitation, dysfunction and/ or the interruption of the Platform and/or its Services,
- Abnormal use or illegal exploitation of the Platform and Services by any User,
- Attacking or hacking, deprivation, suppression or banning, temporarily or definitely, and for any reasons, of the Internet network.
The Company is only liable for direct damage suffered by a User, resulting from a breach of its contractual obligations as defined herein.
Therefore, Users waive the right to seek compensation from the Company, for any reason, for indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, the increase of overhead expenses or the losses having their origin or being the consequence of the execution of the present ones.
Users are thus solely responsible for damages to third parties and the consequent claims or actions that may result. The User also waives any right of recourse against the Company in the case of third-party proceedings against the Company as a result of the use and / or unlawful exploitation of the Platform or Services, in the event of loss by a User or Advertiser of their password or in the event of identity theft.
9. Various Stipulations
9.1 Complaints
All complaints should be sent to the company by email at the following address: support@beby.global
9.2 Nullity
If any of the stipulations in these Terms and Conditions prove to be null or invalid by law, regulation, or as a result of a decision made by a competent court, the stipulation in question will be deemed unwritten without affecting the validity of the others.
10. Governing law and jurisdiction
These General Terms and Conditions are subject to law.
The client should send any claims or disputes by registered mail, with acknowledgement of receipt, with the aim of finding an amicable solution to the problem. Should an amicable agreement be impossible to reach, all claims or disputes may be brought to any competent court.