Introduction:
These terms and conditions, collectively referred to as the “Agreement,” establish a legally binding relationship between you and Bahama Eats Ltd., hereafter referred to as the “Company.” To access and use our services, including the associated software, you must consent to and comply with the terms and conditions outlined below. By utilizing any services provided by the Company (the “Service”) and downloading, installing, or using the associated software designed to facilitate the use of the Service (the “Software”), you explicitly acknowledge and accept the terms and conditions of this Agreement. You also agree to adhere to any future amendments and additions to this Agreement, which will be published on our website at https://www.bahamaeats.com/terms or within the Service. The Company reserves the right to modify the terms and conditions of this Agreement, as well as its policies related to the Service and Software, at any time. These changes will take effect upon the publication of an updated version of this Agreement within the Service or Software. It is your responsibility to regularly review this Agreement, and continued use of the Service or Software after any changes constitute your consent to these alterations.
User Representation and Warranties:
By using the Software or Service, you assert and warrant that you are legally qualified to enter into this Agreement. The Service and Software are not intended for use by individuals under the age of 18. Therefore, by using the Software or Service, you confirm that you are at least 18 years old. You further represent and warrant that you possess the necessary rights, authority, and capacity to enter into and comply with this Agreement. Your use of the Service and/or Software is for personal use only, and you may not authorize others to use your user account or transfer your account to another person or entity. While using the Software or Service, you agree to adhere to all applicable laws in your home nation, as well as the country, state, and city where you are located while using the Software or Service. You may only access the Service using authorized means, and it is your responsibility to ensure you download the correct Software for your device. The Company is not liable for any issues arising from using an incompatible or unauthorized device. By using the Software or Service, you commit to:
Services:
Bahama Eats Ltd. provides a delivery service to approved members only. All locations and members must be reviewed and approved by Company management. The Services consist of a technology platform enabling users to arrange and schedule transportation and logistics services with third-party providers, including transportation and logistics providers under agreement with Bahama Eats Ltd. or its affiliates. Unless specified in a separate written agreement, the Services are intended for personal, noncommercial use. You acknowledge that Bahama Eats Ltd. does not provide transportation or logistics services or function as a transportation carrier. Bahama Eats Ltd. reserves the right to decline delivery.
Intellectual Property Ownership:
The Company and its licensors retain all rights, title, and interest, including intellectual property rights, in the Software and the Service. Any suggestions, ideas, feedback, or information provided by you or other parties related to the Software or Service shall belong to the Company. This Agreement does not convey any ownership rights or intellectual property rights in the Software or Service to you. The Company’s name, logo, and product names associated with the Software and Service are trademarks of the Company or third parties, and you are not granted any right or license to use them.
User Account:
You are the sole authorized user of any account created with the Software, and you are responsible for maintaining the confidentiality of your account credentials. You are fully responsible for all activities occurring under your account. The Company disclaims any liability derived from the use of your account by unauthorized parties. If you suspect any unauthorized use of your account, you must notify the Company immediately.
Payment Terms:
By using the Service and associated Software, you agree to pay the specified price as presented by the Company. The Company may make promotional offers with varying features and rates to customers, which will not affect your offer or contract. The Company reserves the right to modify fees as necessary for its business operations.
Refunds:
Any refunds processed by Bahama Eats Ltd. will be issued as in-app credit within the BE Wallet. This credit can be used exclusively for future transactions within the Bahama Eats platform. Refunds will not be issued in any other form, such as cash or credit to external accounts.
Suspicion of Illegal Activity:
Bahama Eats Ltd. reserves the right to block or suspend a user’s account without prior notice if there is a reasonable suspicion of any illegal activity, including but not limited to fraud or any activity that violates local, national, or international laws and regulations. The decision to block or suspend an account will be at the sole discretion of Bahama Eats Ltd. and will be carried out in compliance with relevant legal requirements.
Wallet Credit Expiration:
Any credits in the BE Wallet will expire and be erased after a period of one year from the date of their initial issuance. Users are advised to utilize their wallet credits within this timeframe, as they will not be available for use after the expiration date. It is the responsibility of the user to manage their credits and ensure they are used before the specified expiration date. The Company shall not be liable for any expired wallet credits.
Third-Party Interactions:
During your use of the Software and Service, you may engage with third-party service providers, advertisers, or sponsors offering their goods or services through the Software or Service. Any such activities and associated terms, conditions, warranties, or representations are solely between you and the relevant third-party. The Company and its licensors disclaim any responsibility or liability for such interactions. The Company does not endorse external websites linked through the Service or Software and is not responsible for the content, products, or services offered by third-party providers.
Promotional Material:
By agreeing to these terms and conditions, you consent to receive advertising and marketing content supplied by the Company. If you prefer not to receive such advertising, you should notify us in writing. The Company reserves the right to charge a higher fee for the Service or Software if you opt out of receiving advertising services. This higher fee, if applicable, will be posted on the Company’s website.
Privacy and Data Usage:
The Company may compile and release information regarding your use of the Software or Service on an anonymous basis for customer profiles, reports, or analyses. It is your responsibility to take reasonable precautions when interacting with third parties through the Service.
Alcohol Delivery:
In certain locations and from specific retailers, you may have the option to order alcohol products. By placing an order for alcohol products, you confirm that you are at least 18 years of age. Upon delivery, the recipient must provide valid government-issued identification to prove their age to the delivering driver and must not be intoxicated. The Company and its drivers do not accept alcohol orders; the order will only be delivered if the retailer accepts it.
Indemnification:
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any losses, claims, actions, costs, damages, penalties, fines, and expenses, including attorneys’ fees, resulting from your unauthorized use of the Software or any breach of these Terms and Conditions.
Disclaimer:
Use of the Software is at your own risk. Changes may be made to the website at any time without notice