TERMS OF USE – ANOTHER BANGKOK

These Terms of Use (“Terms”) govern your use of the ANOTHER BANGKOK digital marketplace platform (accessed through this URL: anotherbangkok.co) (referred to as the “Platform”, “us”, or “we”). These Terms form a contract between the Platform and you.

Please read these Terms carefully. By accessing and using the Platform, 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 Platform or available by hyperlink. 

Your use of the Platform (including the purchase of Goods on this Platform) constitutes your acceptance of these Terms. We may in its absolute discretion vary these Terms (including our policies which you agree to be deemed as incorporated into these Terms) from time-to-time. You are deemed to have agreed to the varied Terms by your continued use of the Platform following the date on which the varied Terms are posted. If you do not agree with these Terms or the varied Terms, please do not use the Platform.

The Platform may be used by: (i) natural persons who have reached 20 years of age; and (ii) authorised representatives of corporate legal entities, e.g. companies.

You warrant that you have the legal capacity to enter into contracts. Users below the age of 20 must obtain consent from their parent(s) or legal guardian(s), who (by your acceptance of these Terms) shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately. 

1. What does ANOTHER BANGKOK offer you?

Through our Platform, we link you to the vendors (“Vendors”) for you to order a variety of goods and products, subject to our prevailing policy on restricted products (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors through ANOTHER BANGKOK (“Order”), we act as an agent on behalf of that Vendor to facilitate, process and conclude the order. Vendors are independent contractors and third-party to the Platform. Vendors also appoint us as the exclusive delivery services provider to deliver Goods to you.

We provide a digital platform by way of ANOTHER BANGKOK for third-party Vendors and consumers like you to complete sale transactions in accordance with these Terms. Except as set out in these Terms, and to the extent permitted by any applicable law, we are not involved in the sale transaction between Vendor and you in respect of the Goods ordered by you. The Goods listed on ANOTHER BANGKOK shall be considered as the Vendor’s invitation to treat and you may make an offer to purchase the Goods by placing an order through ANOTHER BANGKOK

We have absolute discretion in the design and implementation of ANOTHER BANGKOK’s user interface and order process flow. You shall follow the order process flow as appearing on ANOTHER BANGKOK, which is implemented and may be revised by us from time-to-time at our absolute discretion.

2. How to contact us

For customer support, you may reach out to the customer service team via email at the following email address: support@anotherbangkok.co

3. Use of the Platform and ANOTHER BANGKOK Account

3.1 You may register for an ANOTHER BANGKOK account for you to use the Platform. When you register for an account, we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. You agree not to disclose your unique password to anyone, and to always keep your password a secret. You are solely responsible for keeping your password safe. Save for cases of fraud which are not your fault or arising from a breach of these Terms, you accept that all Orders placed under your account are your sole responsibility.

3.2 Depending on which payment method you opt for (as made available by us from time-to-time), you may need to provide us with your credit card details to purchase an Order. In addition, you may purchase an Order using your account registered with ANOTHER BANGKOK. Alternatively, you may purchase an Order without an account by providing us with all requested information, including but not limited to your name, contact details, delivery address, at the checkout page of an Order.

3.3 We are not 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 and contact information. You also represent and warrant that all information provided in your ANOTHER BANGKOK account or at checkout page are complete, true and accurate.

3.4 If you wish to delete your account, please send us an email requesting the same. 

3.5 We may restrict, suspend or terminate your account and/or use of the Platform in our absolute discretion and without having to provide any reasons to you.

4. Activities Prohibited on the Platform

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited by us on the Platform. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

4.1.1 using the Platform for any purpose in violation of applicable laws or regulations;

4.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

4.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in its sole discretion;

4.1.4 posting URLs to external websites or any form of HTML or programming code;

4.1.5 posting anything that may be “spam,” as determined by us in its sole discretion;

4.1.6 impersonation of another person when posting content;

4.1.7 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

4.1.8 allowing any other person or entity to use your identification for posting or viewing comments; and

4.1.9 encouraging other people to engage in any prohibited activities as described herein. 

4.2 You agree that we have the right (but is not obligated to) do any of the following:

4.2.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

4.2.2 remove content that fails to conform with these Terms;

4.2.3 suspend or terminate a user’s access to the Platform or any relevant Account created by you with us upon any suspected or proven breach of these Terms; and

4.2.4 monitor, edit, delete or disclose any content on the Platform.

5. Intellectual Property 

All trademarks, text, content and images, including these Terms as displayed on the Platform or in our marketing material are the intellectual property of us and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, transmit, distribute, transfer or modify these Trademarks in any way without our prior express written consent. The use of these Trademarks on any other website not approved by us is strictly prohibited. We neither warrant nor represent that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the Platform is at your own risk.

6. Restrictions on Goods 

6.1 Some of the Goods we offer on our Platform are subject to restrictions for purchase (“Restricted Goods”), depending on our prevailing policies and the applicable laws of Thailand . These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. Our delivery staff may request that you prove your age by showing the appropriate identification documents and may deny delivery of Restricted Goods to you if we cannot reasonably establish your age. In this event, no refund of delivery fees will be provided to you.

7 Orders 

7.1 When you place an Order with a Vendor through ANOTHER BANGKOK, We will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees (to be paid by you to the Platform) and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

7.2 Special Instructions – The Platform and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order but shall not be legally obliged to do so. However, in cases where this is not feasible, possible, or commercially reasonable, we and/or the Vendor reserve the right to proceed to prepare the Order as per their prevailing standard operating procedures. Neither we nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you. 

7.3 Allergens – The Platform is not obligated to provide ingredient information or allergen information on the Platform. Further, We do 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 Platform.

7.4 Please note that any warranty (if applicable) or information relating to your Order are provided by the Vendor. If you are unsure or require more information, it is your responsibility to contact and check with the Vendor before placing an Order. Any warranty issues are to be resolved directly by you and the Vendor.

7.6 You shall view the Goods available from the Vendor, select Goods to your basket and order the Goods through the user interface and process flow designed and implemented by us, which we may change from time-to-time. For your Order to be confirmed, you need to checkout and make full payment.

7.7 We may impose a minimum or cap on the amount of your Order or otherwise limit the quantities of Goods in your Order from Vendors in our or Vendor’s sole discretion.

7.8 Where the prices of any Goods are subject to the definitive weight of the Goods, we will provide an initial estimate of the price at the checkout page. The final price shall be indicated in your email confirmation containing your tax invoice. For shortfalls in payment, additional amounts shall be charged to you. For overpayments, excess amounts shall be refunded as per the Vendors’ cancellation, refund and return policy.

7.9 Please ensure that your Order is correct before placing your Order. Cancellation of Order or changes to Order is not allowed after an Order is placed, confirmed, and/or paid at checkout. If you reach out to our customer service team at cs@anotherbangkok.co, we may in our absolute discretion allow you to vary your order.   

7.10 All refunds shall be subjected to the Vendor’s agreement and final say. 

7.11 You also agree that we are your exclusive payment agent for the purposes of collecting payments from you, holding such payments and paying over to the Vendor. We will also process refunds to you provided that Vendor communicates to us promptly of any agreement between Vendor and you.

7.12 We reserve the right to cancel any Order and/or suspend, deactivate or terminate your account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your account and/or with your Order. 

7.13 You agree to defend, indemnify and hold the Platform harmless from all claims, losses, costs and expenses obligations, arising out of any refund decision from the Vendor. 

8. Prices and Payments

8.1 Prices quoted on the Platform shall be displayed in Thai Baht and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices offered by our Vendors either on their website, or at their physical stores. 

8.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platform may include VAT or exclude VAT. 

8.3 A breakdown of the prices and additional charges are displayed before checkout. When you place an Order, you agree to purchase the quantity and name of Goods shown at the checkout page, and to pay all amounts and additional charges which are displayed to you. 

8.4 Delivery fees as calculated and displayed at the checkout page are chargeable on every Order and this is paid by you to us. 

8.5 Prices indicated on the Platform may be subject to change from time-to-time. The correct prices to be paid by you are shown at the checkout page. 

8.6 You can only choose to pay for an Order using the following payment methods offered on the Platform including: 

8.6.1 Credit Card payments; or

8.6.2 Such other payment methods we offer from time to time. 

8.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. 

8.8 Payment Methods 

We reserve the right to offer additional payment methods and/or remove existing payment methods at any time at our 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). You consent that your credit card and payment information will be stored with, or otherwise disclosed to, our third-party payment service provider(s) for future orders. We make use of the services of Shopify for the handling and processing of payments transactions for your purchase on the Platform and for customer support issues related to these payments such as dispute management, refunds cancellations and returns, and if applicable, local consumer law matters. 

8.8 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, we take no responsibility for payments made on the Platform including refunds, chargebacks, cancellations and dispute resolution.

8.9 Vendor authorizes the Platform to act as its exclusive payment processing agent for the purpose of: (i) collecting the Order’s sale proceeds, delivery fee, and to hold the same, (ii) process and remit all payments by and refunds to you, and any other adjustments necessary under or related to this Terms, (iii) remit any amounts of money due and payable to Vendor under this Terms; and (iv) paying to the Platform, you and other third parties any amounts that the Vendor may owe to them. As a payment processing agent, the Platform shall have no responsibility whatsoever with respect to the legality of transactions occurring between the Vendor and you.

9. Delivery

9.1 You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address or such other information requested on ANOTHER BANGKOK’s user interface and process flow, you will see the Vendors that we make available to you at that time. Delivery areas may in our absolute discretion expand, shrink or change depending on weather and traffic conditions and other circumstances. 

9.2 The Platform shall deliver your Order to the delivery address provided by you. We shall not be liable for any delay or failure to deliver and all deliveries of Orders are made in accordance with our prevailing policies, which we may change from time-to-time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery date and time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. In the event the delivery address is keyed in wrongly, please notify our customer service team at cs@anotherbangkok.co as soon as possible indicating with the relevant information. 

9.3 No refunds or redeliveries will be provided in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or 

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully; or

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods,

9.4 If you remain uncontactable or fail to receive the Order within five (5) minutes from the time the Order arrives at your delivery address, we reserve the right to leave the Order at your doorstep without refund or remedy to you. 

9.5 Upon receipt of your Order, if you discover that there are issues with your Order (including but not limited to wrong order, defective order, expired, or missing items) please contact our customer service team at cs@anotherbangkok.co as soon as possible. If you fail to do so immediately, you are deemed to have accepted the correctness of your Order. In any claims or deliveries related issues, please include the order number and issues with your delivery, and provide photographic proof and/or additional information to properly investigate the issue with your Order. We shall not be liable for any wrong order, missing items, defective goods. Any refund or redelivery is subject to Vendor’s agreement with you.

10. Representations, Warranties and Limitation of Liabilities

10.1 Representations and Warranties 

You acknowledge and agree that the content on the Platform are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While we make reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

If we provide any technical support to you in relation to use of and access to ANOTHER BANGKOK, this is provided on an as-is basis and without warranty whatsoever. You shall rely on our technical support at your own risks.

10.2 Limitation of Liability 

To the extent permitted by law, the Platform (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The 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 Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the 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. The Platform’s liability shall be limited to the delivery fees paid by you and we shall in no way be legally responsible for any refund, cancellation and/or returns policy set by the Vendor.

10.3 Vendor’s representations

The Platform shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods that applies to your Order. We do 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 wilful misconduct.

11 Vendor Liability 

Vendors are responsible for the preparation, condition and quality of Goods. The Platform shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.

12 Personal Data (Personal Information) Protection 

You agree and consent to us and any of its affiliate companies collecting, using, processing and disclosing your Personal Data to the Vendors and/or any third party in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platform and shall form part of these Terms. 

13 Indemnity 

You agree to indemnify, defend, hold harmless the Platform, 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 Platform or your breach of these Terms. 

14 Third-Party Links and Websites

The Platform may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. We do not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

15 Termination

The Platform has the right to terminate, suspend or delete your account and access to the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if we, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. We may, but shall be under no obligation to, provide you with a warning prior to terminating your use of the Websites.

16 Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

17 Governing Law

These Terms shall be governed and construed in accordance with the laws of Thailand. You agree that the courts of Thailand shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.