Section A – General Terms

1.Introduction

1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree to have read and understood the terms in these Terms of Service applicable to you. These Terms of Service and the Bees Policies (as defined below) constitute a legally binding agreement ("Agreement") between you and Bees (as defined below). The Agreement applies to your use of the Service provided by Bees. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Service.

1.2. Bees may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are posted on our website or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. Bees is a technology company that provides a platform for consumers to view, obtain, or procure goods and services. Depending on the goods or services in question, they may be supplied by Bees or a partner. Where the goods or services are provided by a partner, Bees' role is merely to link the consumer with such partners or to enable the consumer to view information regarding the partners' goods/services. Bees is not responsible for the acts and/or omissions of any partner or information relating to the same. Partners shall bear all liability concerning such services. Partners are not, and shall not hold themselves to be agents, employees, or staff of Bees, and the solutions provided by partners shall not be deemed to be provided by Bees.

2. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1. Application: The relevant mobile application(s) made available for download by Bees (or its licensors) to Consumers and Partners, respectively.

2.2. Consumer or User: Any end-user who accesses or uses the Platform to search and obtain the Solutions.

2.3. Consumer Charges or User Charges: Charges incurred by Consumers for the Solutions obtained through the use of the Service, including applicable tolls, taxes, and other fees or charges.

2.4. Bees: The company providing the platform.

2.5. Bees Policies: The following:

• Privacy Policy

• Bees Rider/Delivery Partner Guidelines or Bees Consumers Code of Conduct (as applicable)

• All other forms, policies, notices, guidelines, FAQs, in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time.

2.6. Partner: Independent third parties who provide the relevant Solutions to Consumers through the Service, including driver-partners, delivery-partners, merchant partners, and other goods and services providers.  

2.7. Personal Data: Any information that can be used to identify you or from which you are identifiable. This includes name, nationality, telephone number, bank and credit card details, personal interests, email address, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information.  

2.8. Platform: The Application, Software, and any other platform, portal, or website that Bees owns, operates, or otherwise makes available to Consumers and/or Partners for or in connection with the Service and/or Solutions.

2.9. Platform Content: Any content made available on the Platform or any part thereof.

2.10. Privacy Policy: Our privacy policy as amended from time to time.

2.11. Rectification Measure: Defined in Clause 29.2 of Section A.

2.12. Service: The linking of Consumers to Partners, or Other Consumers to facilitate the Solutions.

2.13. Software: Any software associated with the Application, Service, and/or other Consumers that is made available by Bees.

2.14. Solutions: The transportation, logistics, foods and beverages, groceries, and/or other products and services made available to Consumers through the following offerings: Bees Delivery, Bees Errands, Bees Manpower, or any such other offerings which Bees may make available from time to time.

2.15. You: Refers to Partner and/or Consumer as may be applicable.

3. Representations, Warranties, and Undertakings

3.1. By using the Service and/or Platform, you represent, warrant, and undertake that:

3.1.1. You have legal capacity to enter into the Agreement and are at least eighteen (18) years old. If you are below eighteen (18) years old, you cannot enter into the Agreement.  

3.1.2. You will provide true, accurate, not misleading, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information promptly to keep it true, accurate, not misleading, current, and complete at all times during the term of the Agreement. You agree that Bees may rely on your information as true, accurate, not misleading, current, and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current, or incomplete in any respect, Bees has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.  

3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses, or approvals that we may reasonably request or require.  

3.1.4. You will only use an access point or account that you are authorized by Bees to use.

3.1.5. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Bees.  

3.1.6. You will keep your account password or any identification we provide you that allows access to the Service secure and confidential.

3.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.

3.1.8. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.1.9. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform.

3.1.10. You will only use the Platform and Service for their intended and lawful purposes.

3.1.11. You will not try to interrupt, impair, or harm the Service and/or Platform in any way, and shall refrain from:  

• Sending spam or otherwise duplicative or unsolicited messages.

• Sending, posting, or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third-party rights or otherwise in breach of applicable laws and/or Bees Policies such as the Guidelines and Guidelines on Inappropriate Online Content.  

• Sending material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs.

• Interfering with or disrupting the integrity or performance of the Platform or the data contained therein.  

• Attempting to gain unauthorized access to the Platform or its related software, systems, or networks.

• Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity.  

• Engaging in any conduct that could possibly damage our reputation or amount to being disreputable.

• Circumventing the proper operation of the Platform and network which the Service operates on.  

• Using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform of its content.  

3.1.12. You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content, or any part thereof in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Bees. This includes, without limitation, not to:  

• Create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed on the Platform except for your personal, non-commercial use.  

• Copy any content displayed through the Platform or "mirror" the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third-party product content and reviews, for republication in any format or media, or navigational structure or presentation of the Platform or its content elsewhere.  

• Conduct data mining or scraping activities.  

• Disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from the Platform or any software or services made available on or through the Platform.

3.1.13. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Bees or to disrupt the natural functions of the Platform.  

3.1.14. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes.

3.1.15. You will not use the Platform to cause a nuisance or behave inappropriately or disrespectfully towards Bees or any third party.  

3.1.16. You agree that the Service is provided on a reasonable effort basis.

3.1.17. You agree that your use of the Service will be subject to Bees' Policies as may be amended from time to time.  

3.1.18. You agree to assist Bees with any internal or external investigations as may be required by Bees in complying with any prevailing laws or regulations in place.

3.1.19. You provide us with the phone numbers of Bees users and other contacts in your mobile phone address book regularly. You confirm that you are authorized to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision.  

3.1.20. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply.

3.1.21. You agree that Bees may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for six (6) months from the last date of transaction and deactivate or restrict access to your user account.  

3.1.22. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Bees, or any other party as a result of your breach of this Agreement.  

3.1.23. You agree that you will observe food safety regulations of restaurants insofar as they may be applicable when placing orders through the platform such as Self Pick-Up Orders. You waive your right to make any claims for food safety-related concerns such as spoilage, foodborne illness, and other issues attributable to food being left out for more than the indicated pick-up time if you fail to abide by the Self Pick-Up guidelines.  

3.2. If you are a Partner, you further represent, warrant, and undertake that:

3.2.1. You possess all the appropriate licenses, approvals, permits, consents, authority, and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service.  

3.2.2. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of any vehicle, equipment, premises, or any other matter or thing that is involved or used in the course of your provision of the Solution(s).  

3.2.3. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s).

3.2.4. You shall be solely responsible for all claims, judgments, and liabilities resulting from any accident, loss, or damage including, but not limited to, personal injuries, death, total loss, and property damage, which is due to or is alleged to be a result of the Solution(s) provided by you.  

3.2.5. You shall obey all local laws in your provision of the Solution(s) and will be solely responsible for any violations of such local laws.  

3.2.6. You shall not contact Consumers for purposes other than in connection with the Service.

3.2.7. You shall not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Application, or any other Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your information, as provided for by the Platform.  

3.2.8. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you.

3.2.9. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement.

4. Compatibility

Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously strive to support all commonly used devices and models in relevant markets and all browsers where the Platform is likely to be accessed, we cannot guarantee the compatibility of the Platform with all specific mobile devices or other hardware.  

Note: To ensure optimal performance and compatibility, it's recommended to use the latest versions of supported browsers and operating systems.

5. License Grant and Restrictions

5.1. Bees and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Bees and its licensors.

5.2. You shall not:

5.2.1. post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

5.2.2. remove any copyright, trademark, or other proprietary rights notices contained on the  Platform.

6. Payments

6.1. Payment Terms for Partners (Driver-partners/Delivery-partners)

6.1.1. Bees charges a fee for your use of the Service ("Service Fee"). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, or disruption caused to the Service whether planned, accidental, or intentional, or any reason whatsoever.  

6.1.2. YOU ACKNOWLEDGE AND CONFIRM THAT BEES MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.  

6.1.3. Bees retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Bees liable for any withholding of, delay in, suspension, forfeiture, or cancellation of, any payment(s) to you.  

6.1.4. Bees may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you. Bees may change the Service Fee at any time at its sole discretion.  

6.1.5. Driver's Cash Balance: Bees shall administer payments to you and from you by way of a wallet system (the "Driver's Cash Balance"). Your earnings will be displayed in the Driver's Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver BeesPay Wallet, or such other recipient accounts as are made available in the Application. Bees reserves the right to make such deductions from the Driver's Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application.  

6.1.6. Driver's Credit Balance: In addition to your Driver's Cash Balance, you must also maintain with Bees a Driver's Credit Balance. The Driver's Credit Balance comprises a pre-payment to Bees by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance ("Minimum Balance") in your Driver's Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Bees, and shall be notified to you via the Application. It may be changed at any time at Bees' sole discretion.  

6.1.7. You may add funds ("Credits") to your Driver's Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver's Cash Balance at any time is PHP100,000.00. Balance may be added in any manner prescribed by Bees from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).

6.1.8. Funds in the Driver's Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged, or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Bees may receive interest on amounts that Bees holds on your behalf. You agree to assign your rights to Bees for any interest derived from your Credits.  

6.1.9. Driver's BeesPay Wallet: Where available, driver-partners will be provided with a BeesPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver's Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances, and transfers of funds to other Consumers.  

6.2. Payment Terms for Consumers:

6.2.1. Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2. Automated payment may be made by credit card and/or debit card, by BeesPay, alternative e-Wallets, or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the BeesPay Terms of Service.  

6.2.3. If the tipping feature is available, you may have the option to pre-set a default "tip" amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.

7. Cancellation

7.1. Cancellation Terms for Riders:

7.1.1. Consumers rely on you for delivery or provision of the Solutions. High or frequent cancellation rates or ignoring Consumers' bookings can impair the Consumers' experience and negatively impact Bees' reputation and branding.

7.1.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Bees reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.  

7.2. Cancellation Terms for Consumers (Transportation Solutions):  

7.2.1. Unless otherwise stated in any Bees Policy, you may cancel your request for transportation services at any time before you commence your ride with the Rider that has been matched with you by the Service.

7.2.2. If you decide to cancel your booking, you may be charged a Cancellation Fee or such other Cancellation Fee as Bees may notify from time to time via the Cancellation Policy on Bees' website.  

7.2.3. If you feel you were incorrectly charged a Cancellation Fee, you may contact Bees on Bees' website for assistance. Bees reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the BeesPay Credits or such other method as is deemed reasonable by Bees.

8. Bees Rewards Loyalty Program and Promotions for Consumers

8.1. If indicated as such during your use of the Application, you will automatically be a member of the loyalty program named "Bees Rewards Loyalty Program" operated by Bees and/or its affiliate companies.  

8.2. The terms of the Bees Rewards Loyalty Program will be governed by the BeesPay Terms of Service.

8.3. From time to time, Bees may run marketing and promotional campaigns offering voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms ("Vouchers"). Vouchers are subject to validity periods, redemption periods, limits, and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, and non-refundable and cannot be exchanged for cash. Bees reserves the right to withdraw, amend, or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Bees reserves the right to void, discontinue, or disqualify you from any promotion or subscription plan without prior notice in the event you breach any part of these Terms of Service.  

Earning Points

8.4. Bees may, at its sole and absolute discretion, award you points ("Points") which can be used to redeem for Rewards upon the Solutions booked via the Application in Philippines.

8.5. Bees may at its sole and absolute discretion, issue you 1 Point for every PHP10 that you actually spend on qualifying Solutions in Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying Solutions are hereby expressly excluded). For instance, if your Errand ride costs PHP50 and you received a PHP20 discount, Bees may issue you 3 Points on the PHP30.  

8.6. The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal is more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent PHP55 on a Delivery, Bees may issue you 6 Points, but if you spent PHP53 on a delivery, Bees may issue you 5 Points.  

8.7. For actual spending that results in decimals less than 1 Point, Bees may issue you 1 Point. For instance, if your delivery ride costs PHP65 and you received a PHP60 discount, Bees may at its sole and absolute discretion, issue you 1 Point on the PHP5 that you actually paid.

8.8. Bees may increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from Bees any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.  

Points Validity

8.9. Points earned will continue to accumulate provided that you make at least one qualified Bees transaction within three (3) months of the last transaction. Failure to make a qualified Bees transaction within the period will lead to the expiration of the accumulated points.

8.10. Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold, or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.  

Redemption of Rewards  

8.11. If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of Bees or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.  

8.12. You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against Bees for any expired e-vouchers.  

8.13. Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged, or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

8.14. Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.

8.15. Bees may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error, etc.  

8.16. You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as conclusive evidence of the same.  

Membership Tiers (Soon!)

8.17. The Bees Rewards Loyalty Program offers four (4) membership tiers as follows:

• An entry membership tier known as "Bronze Member."

• A basic membership tier known as "Silver Member."

• A mid-tier membership tier known as "Gold Member."

• A premier membership tier known as "Platinum Member."

8.18. The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year

8.19. Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.

8.20. Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.

8.21. Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.

8.22. The benefits and privileges of each membership tier shall be as set out from time to time in the Application.  

Cessation of Membership  

8.23. If you do not wish to be a member of the Bees Rewards Loyalty Program, you may do so by opting out through the Application.

8.24. You will also automatically cease to be a member of the Bees Rewards Loyalty Program if you delete the Application from your mobile phone.

8.25. Upon your cessation to be a member of the Bees Rewards Loyalty Program, all the outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carryover of Points will be permitted even if you subsequently reinstate your membership.  

8.26. Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the Bees Rewards Loyalty Program.  

General

8.27. To the extent as permitted by applicable laws, Bees, at its sole discretion, reserves the right at any time, without prior notice to you, to:

• Vary, modify, or amend the terms and conditions of the Bees Rewards Loyalty Program (including adding or deleting any terms).

• Terminate or modify the Bees Rewards Loyalty Program.

• Revoke, adjust, and/or recalculate any Points awarded.

• Change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value.  

• Change the number of Points that can be earned on spending on qualifying transportation services.

• Modify the qualifications and eligibility for earning Points.

• Modify the activities that earn Points.  

• Modify the methods used to calculate the number of Points to be awarded.

• Withhold or cease the awarding of Points to you.

• Modify the qualifying Points or other criteria for membership tier upgrades and renewals.  

• Change or withdraw any benefits related to a particular membership tier.  

8.28. Bees may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.  

8.29. You shall be responsible for any taxes, levies, or duties that arise in connection with the issuance of Points to you, your redemption of Points, and/or the utilization of Rewards you have redeemed, and all costs and expenses relating to the same shall be borne by you.

9.Ratings

9.1. Consumers and Partners may be allowed to rate each other in respect of Solutions provided.

9.2. Every rating will be automatically logged onto Bees' system, and Bees may analyze all ratings received. Bees may take all appropriate actions, including suspending your use of the Service without any notice or compensation to you.  

Note: To ensure fair and accurate ratings, Bees may implement measures to prevent fraudulent or inappropriate ratings, such as requiring verification or limiting the frequency of ratings.

10. Complaints

10.1. Any complaints between Partners and Consumers should be addressed directly with each other.

10.2. Please contact our Help Center if you have any questions or comments related to the Platform.

Note: Bees may offer additional dispute resolution channels, such as mediation or arbitration, for certain types of complaints. Please refer to the Help Center for more information.

11. Repair and Cleaning Fees for Consumers

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner's property as a result of your misuse of the Service or breach of the Terms of Service herein. Bees may facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning by the Partner has been verified by Bees.  

Note: Bees may provide additional information about specific repair or cleaning costs and procedures in the Help Center or other relevant sections of the Platform.

12. Intellectual Property Ownership

12.1. Bees and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Bees and/or its licensors. Bees' name, Bees' logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of Bees or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

12.2 You may be able to submit your content or make your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, Bees does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant Bees a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and (b) undertake that you have the right to grant us such license and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to Bees the right (though you acknowledge and agree that Bees shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

13. Taxes

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Bees to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

13.2. If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to Bees, its services, products, business affairs, marketing and promotion plans, or other operations and its associated companies that are disclosed to you by or on behalf of Bees (whether orally or in writing and whether before, on, or after the date of this Agreement) or that are otherwise directly or indirectly acquired by you from Bees or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service and shall not, without Bees' prior written consent, disclose such information to any third party or use it for any other purpose.  

14.2. The above obligations of confidentiality shall not apply to the extent that you can demonstrate that the relevant information:

• Was at the time of receipt already in your possession.

• Is, or becomes in the future, public knowledge through no fault or omission on your part.

• Was received from a third party having the right to disclose it.  

• Is required to be disclosed by law.

15. Data Privacy and Protection

15.1. Bees collects and processes your personal data in accordance with its Privacy Policy. The Privacy Policy applies to all of Bees' Services and its terms are incorporated into this Agreement by reference.

15.2. Where applicable, you agree and consent to Bees, its subsidiaries, and any of its affiliate companies collecting, using, processing, and disclosing personal data as further described in our Privacy Policy.

15.3. You acknowledge that Bees may disclose personal data of other individuals to you in the course of your use of Bees' Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by Bees and not for any other unauthorized purposes.  

Note: Bees may provide additional information about data privacy and protection in the Help Center or other relevant sections of the Platform. Please refer to these resources for more details.

16. Third-Party Interactions

16.1. Interactions with Third-Party Vendors:

• Offers and Goods: While using the Service, you may encounter offers or goods displayed through the platform from third-party vendors. These transactions are solely between you and the vendor. Bees is not liable for any aspect of these interactions, including product quality, customer service, or order fulfillment.

• Independent Terms and Privacy Policies: Some Partners may require separate agreements or privacy policies for their services. Bees is not a party to these agreements and disclaims any responsibility arising from them. It's your responsibility to review these policies before engaging with a Partner.

• Your Responsibility: It's important to take precautions when interacting with any third-party vendor through the Service. Research the vendor's reputation before making a purchase and understand their return and refund policies.

16.2. Third-Party Advertising: Bees may use third-party advertising companies to support the Service. Please refer to our Privacy Policy for instructions on opting out of interest-based advertising.

• Anonymous Data Collection: You agree that Bees may collect anonymous data about your use of the Service for analysis. This data helps Bees improve the platform and user experience.

16.3. Taking Precautions: It's your responsibility to take precautions when interacting with any third party you encounter through the Service, including advertisements. Be wary of unsolicited offers or requests for personal information.

16.4. Links to Third-Party Content: The Service may contain links to websites or content not controlled by Bees. We are not responsible for the content of these sites. We recommend contacting our Help Center if you have concerns about any third-party content.

16.5. Google Maps Integration: The Platform uses Google Maps data to display locations and routes. By using the Platform, you agree to comply with Google's Terms of Service, Privacy Policy, and Acceptable Use Policy.

16.6. Linking to the Platform: Linking to the Platform requires Bees' prior approval, except for factual, truthful links directing users to http://www.bees-ph.com or other URLs specifically provided by Bees. Websites linking to the Platform are prohibited from:

• Replicating Platform content without permission.

• Framing Platform content to appear as part of their own website.

• Implying endorsement by Bees without written permission.

• Misrepresenting facts about Bees or its services.

• Using any Bees logo or trademark without written permission.

17.Indemnification

17.1. By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree to indemnify and hold Bees, its licensors, and each such party's affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs and/or regulatory action) arising out of or in connection with:  

• Your use of the Service, the Platform, or any part thereof in your dealings with Partners, Consumers, third-party merchants, providers, partners, advertisers, and/or sponsors.  

• Your violation or breach of any of the Terms of Service, any third-party terms and conditions, or any applicable law or regulation, whether or not referenced herein.  

• Your violation of any rights of any third party, including Partners or Consumers arranged via the Service.  

• Your use or misuse of the Service, the Platform, and/or any part thereof.

• Where applicable, your ownership, use, or operation of any property, including your provision of Solutions to Consumers via the Service.  

Note: This indemnification clause protects Bees and its affiliates from any legal liabilities arising from your actions or omissions related to the Service.

18. Disclaimer of Warranties

18.1. Bees makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Service, Software, Application, or Platform. Bees does not represent or warrant that:  

• The use of the Service, Software, Application, or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system, or data.  

• The Service, Software, Application, or Platform will meet your requirements or expectations.

• Any stored data will be accurate or reliable.

• The quality of any products, services, information, or other materials purchased or obtained through the Application will meet your requirements or expectations.  

The Service and the Platform, as well as the related content, are provided to you strictly on an "as is" basis. All conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the extent permissible by law.  

18.2. Bees makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Bees in respect of the same.  

18.3. Where applicable, Bees' role as collection agent is solely mechanical and administrative in nature, and Bees does not owe you a duty of care or any fiduciary duties.

19. Internet Delays

19.1. The Service, Platform, Application, and/or Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including device malfunctions, disconnections, out-of-range issues, or non-functioning devices. Bees is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

20. Limitation of Liability

20.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against Bees by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Service during the event giving rise to such claims. Bees and/or its licensors shall not be liable for any loss, damage, or injury which may be incurred by or caused to you or to any person for whom you have booked the Service, including but not limited to:  

• Loss, damage, or injury arising out of, or in any way connected with, the Service, the Platform, Application, and/or the Software.

• The use or inability to use the Service, the Platform, Application, and/or the Software.

• Any reliance placed by you on the completeness, accuracy, or existence of any advertising.  

• As a result of any relationship or transaction between you and any Consumer, Partner, Merchant, Advertiser, or Sponsor whose advertising appears on the Website or is referred to by the Service, the Application, and/or the Software, even if Bees and/or its licensors have been previously advised of the possibility of such damages.  

20.2. Bees does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement, or location of any Consumer or Partners, including Merchants, Advertisers, and/or Sponsors. You expressly waive and release Bees from any and all liability, claims, or damages arising from or in any way related to the Consumers or Partners, including Merchants, Advertisers, and/or Sponsors.  

20.3. Bees will not be a party to disputes or negotiations of disputes between you and Consumers or Partners, including Merchants, Advertisers, and/or Sponsors. Unless you are a Corporate Consumer with a current Corporate Account with Bees, Bees cannot and will not play any role in managing payments between you and the Partners, including Merchants, Advertisers, and/or Sponsors. Responsibility for the decisions you make regarding Services and Products offered via the Service and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release Bees from any and all liability, claims, causes of action, or damages arising from your use of the Service and/or the Platform, or in any way related to the Partners, including Merchants, Advertisers, and/or Sponsors introduced to you by the Service and/or the Platform.  

20.4. The quality of the Solutions scheduled through the use of the Service is entirely the responsibility of the Partner who ultimately provides such Solution to the Consumer. You understand, therefore, that by using the Service, you may be exposed to Solutions that are potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable, and that you use the Service at your own risk.

21. Notice

21.1. Bees may give notice through the Application, electronic mail to your email address in the records of Bees, or by written communication sent by registered mail or pre-paid post to your address in the records of Bees. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Bees (such notice shall be deemed given when received by Bees) by letter sent by courier or registered mail to Bees using the contact details as provided in the Application.

22. Assignment

22.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Bees but may be assigned without your consent by Bees. Any purported assignment by you in violation of this section shall be void.

23.Dispute Resolution

23.1. This Terms of Service shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction.

23.2. Any disputes, actions, claims, or causes of action arising out of or in connection with this Terms of Service or the Service ("Disputes") shall be referred to the Philippines Dispute Resolution Centre ("PDRC"), in accordance with the Rules of the PDRC as modified or amended from time to time (the "Rules") by a sole arbitrator appointed by the mutual agreement of you and Bees (the "Arbitrator"). If you and Bees are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language, and the fees of the Arbitrator shall be borne equally by you and Bees, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.  

23.3. Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the PDRC and/or courts subject to the respective rules and guidelines.

24. Relationship

24.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Bees.

25. Severability

25.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

26. No Waiver

26.1. The failure of Bees to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

27. Entire Agreement

27.1. This Agreement comprises the entire agreement between you and Bees in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Bees that incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in reference to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Bees in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

28. Suspension and Termination

28.1. You agree that we may do any of the following, at any time, without notice:

• Modify, suspend, or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason.  

• Modify or change any applicable policies or terms.  

• Interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any suspension or termination.

28.2. Without prejudice to any other provisions, we may vary, modify, or remove Platform Content without notice (including information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges, and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions, or otherwise violates Bees Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Bees deems appropriate (collectively, "Rectification Measure"), including but not limited to:  

• Correcting the said errors, inaccuracies, or omissions.

• Changing or updating information.

• Where applicable, canceling the affected orders at any time without prior notice (including after an order has been submitted).

29. Third-Party Rights

29.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not grant rights to any third parties who are not a party to this Agreement.

Section B – Additional Terms

1. Bees Merchant Partner Deliveries

1.1 For Bees Merchant Consumers:

1.1.1. The Platform allows you to place orders for goods and products (including but not limited to food and beverage) made available for sale on the Platform ("Goods") from Partners who are merchants which at your option when placing the order(s), may be delivered to you by Partners who are delivery-partners or may be made available for self pick-up (if such self pick-up option is available) from the respective merchants during the time period as specified in the Platform or otherwise communicated by Bees. Bees does not control any of these Partners or Goods or services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.  

1.1.2. All Goods orders and delivery bookings placed on the Platform ("Goods Orders") are treated as confirmed. You shall not be entitled to cancel a Goods Order after it is confirmed (including any address changes initiated via the app chat or call function with the Partner). If you cancel a Goods Order after it has been confirmed, you remain liable to pay the applicable fees for the Goods Order in full regardless of whether it has been prepared or delivered by the relevant Partner. For the avoidance of doubt, where you have opted to self pick-up a Goods Order, you will be deemed to have cancelled the Goods Order by not collecting it within the time period specified in the Platform or otherwise communicated by Bees. Neither Bees nor the Partners shall be responsible to retain the Goods Order for your collection after the said period has lapsed.  

1.1.3. Upon your placement of Goods Order, the relevant Partners may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof, and/or the estimated delivery time. For the avoidance of doubt, Bees is not involved in and will not be responsible for any separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform.  

1.1.4. You remain liable to pay the order value in full where:  

• Cancellation is made by you after the Partner(s) has accepted the order.

• You are not present or do not show up at the designated delivery location or the designated self pick-up location, or you are unreachable physically or uncontactable:

  • After five (5) minutes from the time that the Partner arrives at the designated delivery location.  

  • Within the time period as may be communicated by Bees for self pick-up.  

1.1.5. Bees may not process your Goods Order in the event of any of the following:

• You are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable.

• The requested delivery location falls outside the delivery zone offered in the Application.

• There is a lack of information, direction, or authorization from you at the time of delivery.

• Unavailability of items ordered.

1.1.6. The prices of Goods reflected in the Platform are determined solely by the Partner and are listed for information only.

1.1.7. Prices of Goods as reflected in the Platform may, for reasons such as technical issues, typographical errors, or outdated product information supplied by the Partner, be incorrectly reflected, and in such an event, the Partner may cancel your order(s). Bees shall in no event be liable for any (direct or indirect) loss arising therefrom.  

1.1.8. The Partner shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.

1.1.9. You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Platform are accurate and complete. Bees shall not be liable:  

• In the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Platform.  

• In the event of late or non-collection of the Goods you ordered for self pick-up by reason of erroneous collection details entered by you on the Platform.

You acknowledge that in the ordinary course of delivering the Goods, the Partners may disclose your details to the recipient. Bees partner merchant delivery and Errand Services are not provided as an anonymous service. Therefore, you are solely responsible for determining your choice of the recipient, and Bees shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity.  

1.1.10. If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location, and the Goods shall be deemed to have been delivered. After the delivery of the Goods or collection of the Goods that you ordered for self pick-up, you shall solely be liable for all loss, damage, contamination, soiling, or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.

1.1.11. Persons placing an order for alcohol from any Partner must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Third Party Provider(s) will have the right to:  

• Request to be shown your identity document for age verification purposes.

• Refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up:

  • Does not appear to be at least eighteen (18) years old.

  • Cannot prove that he/she is at least eighteen (18) years old.

  • Is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up collection.

In such an event, you agree that Bees and the Partner(s) shall not be liable to make any refund to you for payment already made by you.

1.1.12. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive, and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods item may be rounded and will be set out on the checkout page for your Goods Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any direct or indirect losses, damages, costs, and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

1.2 For Bees Merchant Partners

As a merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with Bees, you are subject to the additional terms below.  

1.2.1 Creation and Monitoring of Self-funded Marketing Activities

You may be able to create a campaign, participate in a promotion, or place an order for advertisement(s) on the Platform, provided you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion, and/or advertisement ("Marketing Activity/ies"). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity, and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Bees' sole discretion, and where provided, suggested, or offered, you agree and acknowledge that they are made available on an 'as-is' basis.  

By creating or participating in any Marketing Activities, you accept the following additional general conditions:  

• Account Responsibility: Any information submitted through your account to us (whether via our Application or otherwise), including but not limited to the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.  

• Accurate Information: Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate, and not misleading.  

• Genuine Intent: Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.  

• Marketing Activity Facilitation: Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any inquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.  

• Consumer Complaints: You shall be responsible to directly handle any complaints or inquiries from Consumers in respect of the Marketing Activity.

• Ending or Varying a Marketing Activity: In the event where you would like to end, pause, or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any inquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.  

• Legal Compliance: Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.  

• Bees' Rights: While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend, or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.  

• Marketing Activity Information: We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 28.2 of Section A.  

• Payment: You agree to pay to Bees any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorize Bees and its affiliates to directly deduct any amount payable by you to Bees or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity ("Amount Payable"), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) ("Amount Receivable") prior to crediting the Amount Receivable to the bank account(s) which you have instructed Bees or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.  

• Unauthorized Account Use: You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.  

• Rounding of Payments: You agree that any amount payable to you by Consumers for each Goods Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.

1.2.2 Submission and Variation of Content  

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you:  

• Grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.  

• Undertake that you have the right to grant us such license.  

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution, including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content:  

• You have obtained the prior consent or acceptance from the affected Consumer.

• Bees is not involved in and will not be responsible for the amendments made by you, though Bees reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

1.3 For Bees Errand Services

1.3.1. You agree that in the event either the address provided by the Consumer is incorrect or the Consumer is unable, refuses, or is not the intended recipient of the Goods and/or is uncontactable after at least three attempts of calling them on the number provided and after waiting for at least five minutes, you shall have the right to leave the Goods at the premises and send a picture or message to the Consumer via the Platform confirming that the Goods have been delivered at the premises.  

1.3.2. You undertake to be cautious in dealing with the Goods and to use best endeavors to ensure that the Goods are delivered safely and in accordance with the instructions given to you by the relevant merchant.

2. Bees Rider Services

2.1. For Bees Riders:

2.1.1.  You shall not accept any delivery item containing or which you believe may contain any of the below items:

Fragile items (including flowers, cakes) that require special handling:

• Raw meat, raw seafood, frozen food and/or dairy products

• Hazardous, explosive, flammable and unsafe items (including power banks)

• Valuable items and documents (e.g. cash, passport, or other official identification documents)

• Credit or debit cards

• Illegal items and substances (e.g. pornographic magazines and imitation weapons)

• Live animals and plants

• Any unpacked / loose items that can easily be damaged in transit

• Counterfeit goods

• Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones

• Any items that cannot be reproduced (e.g. photos, film)

• Real or imitation weapons including firearms or parts thereof, explosives or ammunition

• Human remains or body part

• Pornographic material

• Any item(s) of an aggregate value exceeding PHP 2,000 (Two Thousand Philippine Pesos) for Regular Services and PHP 10,000 (Ten Thousand Philippine Pesos) for Nationwide deliveries except if the items are any of the following: pharmaceutical products, fashion jewelry, bottled beverages, perishable goods, cash and cash-equivalent items, in which case the aggregate value shall not exceed PHP 5,000 (Five Thousand Philippine Pesos).

2.2. For Bees Consumers:

2.2.1. You shall not send any delivery item containing any of the following:

• Fragile items (including flowers, cakes) that require special handling

• Raw meat, raw seafood, frozen food and/or dairy products

• Hazardous, explosive, flammable and unsafe items (including power banks)

• Valuable items and documents (e.g. cash, passport, or other official identification documents)

• Credit or debit cards

• Illegal items and substances (e.g. pornographic magazines and imitation weapons)

• Live animals and plants

• Any unpacked / loose items that can easily be damaged in transit

• Counterfeit goods

• Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones

• Any items that cannot be reproduced (e.g. photos, film)

• Real or imitation weapons including firearms or parts thereof, explosives or ammunition

• Human remains or body part

• Pornographic material

• Any item(s) of an aggregate value exceeding PHP 2,000 (Two Thousand Philippine Pesos) for Regular Services and PHP 10,000 (Ten Thousand Philippine Pesos) for Nationwide deliveries except if the items are any of the following: pharmaceutical products, fashion jewelry, bottled beverages, perishable goods, cash and cash-equivalent items, in which case the aggregate value shall not exceed PHP 5,000 (Five Thousand Philippine Pesos).

2.3. Your Responsibilities

This section outlines your responsibilities as a Bees consumer when using the platform to send deliveries.

2.3.1 Prohibited Items

You agree not to send any items that are:

• Fragile (e.g., flowers, cakes) requiring special handling

• Perishable (e.g., raw meat, seafood, frozen food, dairy)

• Hazardous, explosive, flammable, or unsafe (e.g., power banks)

• Valuable (e.g., cash, passports, official documents)

• Financial (e.g., credit/debit cards)

• Illegal (e.g., pornography, imitation weapons)

• Live animals or plants

• Unpacked/loose and easily damaged

• Counterfeit

• Financial instruments (e.g., bullion, currency, tax stamps)

• Irreplaceable items (e.g., photos, film)

• Weapons or ammunition

• Human remains or body parts

• Pornographic material

• Exceeding value limits (₱10,000 for Regular, ₱2,000 for Nationwide, except pharmaceuticals, fashion jewelry, bottled beverages, perishables, cash equivalents up to ₱5,000)

2.3.2 Authorization and Representation

You confirm that you are either the owner of the item or authorized to act on the owner's behalf. You agree to these Terms of Use for yourself or the owner.

2.3.3 Accurate Delivery Details

You are responsible for ensuring all delivery details (recipient name, contact, address) entered on the app are accurate and complete. Bees is not liable for delays or non-delivery due to your errors. Address changes through in-app chat or calls with the Partner are not considered proof of address change.

2.3.4 Recipient Authorization

You confirm you have permission from the recipient to provide their details (name, contact, address) to Bees and the Partner.

2.3.5 Accurate Item Description

Ensure the description and specific details of the item are accurate and complete. Inform the Partner beforehand of any specific handling precautions needed.

2.3.6 Compliance with Regulations

You confirm the item complies with all applicable laws regarding its nature, condition, packaging, handling, storage, and transportation. It must not be:

• Non-compliant or prohibited by law

• Dangerous

• Easily perishable

• Flammable

• Contain explosives or be corrosive

• Contain radioactive substances

• Banned under ASEAN agreements

• Regulated by other relevant authorities

Bees and/or the Partner have the right to inspect the item based on suspicion of non-compliance and may refuse delivery.

2.3.7 Packing Responsibility

You confirm that you personally packed the item and it's properly prepared, packed, stowed, labeled, and marked for safe delivery.

2.3.8 Liability After Delivery

After delivery, you are solely responsible for any demurrage (storage fees), loss, damage, contamination, soiling, or detention of the item, regardless of the cause.

2.3.9 Disclosure of Information

During delivery, the Partner may disclose your details to the recipient. Bees is not an anonymous service. You are responsible for choosing the recipient, and Bees is not liable for any losses related to anonymity expectations.

2.3.10 Booking Cancellation

Generally, you cannot cancel a booking after confirmation. You remain liable for the full delivery fee if you cancel after confirmation or if the recipient is unreachable after 5 minutes of the Partner's arrival. Bees and the Partner reserve the right to cancel your booking under the following circumstances:

• Delivery location outside the delivery zone

• Unable to contact you to confirm the booking

• Lack of information, direction, or authorization from you at delivery

• Recipient unreachable after 5 minutes of the Partner's arrival

2.3.11 Partner Refusal Right

Partners have the right to refuse delivery of items falling under the prohibited categories listed in Clause 2.2.1.

2.3.12 Liability for Breaches

You agree to take full responsibility for any loss or damage suffered by yourself, the third-party provider, Bees, or any third party due to any breach of these Terms of Use.

3.For Bees Merchants (“Merchants”)

As a Merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with Bees, you are subject to the additional terms below.  

3.1.1 Creation and Monitoring of Self-funded Marketing Activities

Creation and monitoring of self-funded marketing activities is a self-service service available in the Marketing Manager Services platform. In the event you choose to utilize such self-serve services, you shall comply and be subject to the terms.

3.1.2 Submission and Variation of Content

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.  

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content,

(1) you have obtained the prior consent or acceptance from the affected Consumer; and

(2) Bees is not involved in and will not be responsible for the amendments made by you, though Bees reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.  

3.1.3 Merchant Access to Bees Platforms

Where you are a Merchant, Bees may allow you to access, view, retrieve, disclose, manage, and/or otherwise use (“Use”) information relating to the Service, Solutions, and/or other confidential details of your business or relationship with Bees (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Bees (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:  

(a) You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines, and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes, without limitation, the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.  

(b) You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Bees with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Bees and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform, or any part thereof by other means; and Bees and its affiliate(s) shall never be held liable in any manner for the same.  

(c) All information that Bees and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Bees and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents, or advisers) with regard to the accuracy, quality, timeliness, reliability, or completeness of the same. You are responsible to make your own evaluation of the information.  

(d) You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s), and the Platform(s); and Bees and its affiliates shall not be liable for any losses that you incur as a result of the same.  

(e) Bees reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s), or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

4. Point of Interest Contributions

4.1. This section applies to Users' and Partners' submission of Point of Interest ("POI") locations to the map in the relevant Application.

4.2. Submission Requirements: When submitting a POI, you are required to provide POI content such as the name, address, and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details ("POI Content").

4.3. Prohibited Content: You shall ensure that all POI Content submitted:

• Is not inaccurate, fake, or spam.

• Is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive, or otherwise objectionable.

• Does not contain irrelevant content such as political or personal opinions.

• Does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, gambling, weapons, medical services, and adult services.

• Does not refer to, promote, or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism, or any other harmful behavior or illegal conduct.

• Does not contain personal/sensitive data or images of any person.

• Does not contain images of protected areas, publicly inaccessible locations, or restricted areas, or areas where photography and filming are not permitted (e.g., immigration checkpoints, military compounds, interiors of private residences).

• Is not copied or stolen and does not infringe upon third-party intellectual property rights.

4.4. Acceptance, Rejection, or Removal of POI: Bees may, at its sole discretion and at any time without notice to you:

• Accept or reject any POI Content submitted.

• Amend or redact any accepted POI or POI Content.

• Remove any POI or POI Content.

4.5. Rewards: Bees may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.

4.6. License: By submitting a POI:

• You are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery, and other content that you submit, post, or display on or via the Application. Bees does not claim ownership of any POI Content that you post on or through the Application.

• You have no obligation to provide any content to Bees. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content.

• You grant Bees an irrevocable, worldwide, non-exclusive, and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license, modify, and create derivative works based on the POI and POI Content.

• POI or POI Content that contains publicly available factual information, such as the name of a business, is not covered under the scope of this license.

• This license lasts for as long as your POI Content is protected by intellectual property rights.

4.7. Amendment or Removal Requests: You may submit requests to amend or remove POIs or POI Content through the Application. Bees will assess on a case-by-case basis whether to accede to such requests at Bees' sole discretion.

4.8. Satellite Street View Images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images ("Satellite Images"). You acknowledge and agree that:

• All right, title, and interest in the Satellite Images, including all corrections, enhancements, modifications, or intellectual property rights, belong to Bees' third-party vendor(s) or such vendor's suppliers.

• You shall not distribute, sub-license, rent, sell, lease, or loan the Satellite Images to any third party, or otherwise use or reproduce the Satellite Images for any purpose not expressly permitted by Bees, including any commercial purpose.

• You shall not remove, bypass, or circumvent any electronic or other protection on the Satellite Images.

• You shall not download or save the Satellite Images onto any device.

• You shall not alter, obscure, or remove any copyright notice, copyright management information, trademark, or proprietary legend contained in or on the Satellite Images.

• All Satellite Images are provided "as is" without any warranty of any kind, including any warranty of fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of any third party, accuracy, content, or results.

• Neither Bees nor its vendor(s) shall be liable for any loss or damage of any nature howsoever arising out of or in relation to your access or use of the Satellite Images.

5. Bees Ads Terms

Terms in this section are applicable to you (advertisers) who wish to use Bees Ads services to promote your business within the Bees Application. If you agree to use this service, you are responsible for complying with all applicable laws, regulations, and codes that apply to your ads and local regulations where your ads appear. We reserve the right to terminate or suspend your account for any violation in accordance with these Bees Ads Terms.  

Content Specifications

Your ads must:

• Be suitable for access by the general public.

• Accurately reflect the content of the landing page.

• Be clear and accurate toward the Consumers.

• Only promote products/services that you either own or are authorized to resell or distribute.

• Not violate any applicable laws and regulations.

• Comply with the guidelines on inappropriate and sensitive online content.

The Content Specifications apply to any and all ads which you make available through the Bees Ads services. The Content Specifications must be complied with in spirit as well as to the letter, and apply to each part of any ad as well as to its whole.  

Promo Messages

The use of promotional messaging must comply with the following requirements:

• We prohibit the use of superlatives such as “Huge Savings” or “Gigantic Discounts.”

• The start and end dates of your ad campaign must reflect the duration of the offer or the saving period so that ads do not run on dates when the offer or the saving do not apply.

• Campaigns must be scheduled to end on the last day of the promotion.

• Campaign dates for a specific holiday or seasonal event (for example, Ramadhan, Valentine’s Day, and Christmas) must start within a reasonable time frame leading up to the event and must end within 24 hours after the event date, or a reasonable time after that depending on the event.  

• If you extend the campaign after the offer or the saving period ends, you must modify your ad copy by removing the promotional messaging that no longer applies.  

Keywords Utilization

Keywords are words or phrases that are used to match your ads with the terms people are searching for. Selecting high-quality, relevant keywords for your advertising campaign can help you reach the customers you want, when you want.  

When a Consumer searches for a term that matches your keyword, your ad enters an auction to determine if it will show. While Bees uses reasonable efforts to capture all possible variations and misspellings of a keyword you choose, Bees does not guarantee that all possible variations of a keyword are captured.  

The cost for each keyword will be different depending on the keyword you choose, your competition in the auction, and other factors. Make sure your keywords and landing page are all closely related to the terms that a customer might be searching for, and will not cause confusion, deception, or mistake as to the source or origin of your goods/services.  

Higher quality ads and relevance to user searches typically lead to lower costs and better ad positions.

In the event that you choose to use the keyword search feature available on the Platform, and you select the ‘automatic’ keyword search strategy feature, you acknowledge and agree that Bees has the sole and absolute discretion to select and optimize keywords on your behalf. If you do not want Bees to select and optimize keywords on your behalf, please select the ‘manual’ keyword search strategy feature instead.  

Representations and Warranties

You acknowledge and agree that you are solely responsible for your ads content, campaign details, and targeting decisions. This includes, without limitation, your choice of keywords as well as territorial scope and target audience of the pertinent campaign and ads. You shall indemnify us in the event where we incur any losses or damages pursuant to the same.

Without prejudice to the generality of the other provisions of this Agreement, you further represent and warrant that your ads as well as any related content do not infringe any third-party rights, including without limitation trademark rights.  If Bees receives any complaint in respect of your ads content, campaign details, and targeting decisions or otherwise deem that they or any part thereof are not compliant with the Content Specifications, we reserve the right to remove the same, suspend our services to you, and/or require that you modify the complained material. We may, but are not obliged to, review the ads as well as the related content or information submitted or amended by you from time to time.

If you believe that any content made available on our platform violates your intellectual property rights, please contact us with details provided via the ‘Help Center’ feature.  

Marketing Manager Services

If you use the ads self-serve services under the Marketing Manager Services platform, you shall comply and be subject to the terms.