Terms And Conditions

These terms of use (the "Terms of Use") govern your use of our website www.balapasa.com (the "Website") and our Balapasa application for mobile and handheld devices (the "App"). The Website and the App are collectively referred to as the "Platform". Please read these Terms of Use carefully before using the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By using the Platform, you are entering into a legally binding agreement with Balapasa and agreeing to abide by these Terms of Use and any other Balapasa policies posted on the Platform. These Terms of Use are effective from the date of your first use of the Platform.

Use of Platform and Services
All commercial and contractual terms are agreed upon solely between buyers and merchants. These terms include, but are not limited to, price, taxes, shipping costs, payment methods, payment terms, delivery dates, warranties, and after-sales services related to products and services. Balapasa does not control, determine, advise, or involve itself in the offering or acceptance of such commercial and contractual terms between buyers and merchants. However, Balapasa may provide support services to merchants for order fulfillment, payment collection, call center assistance, and other services as per independent contracts. Balapasa is not responsible for any non-performance or breach of contracts between buyers and merchants on the Platform. Balapasa cannot guarantee the performance of any transaction concluded on the Platform or be held responsible for unsatisfactory services, non-performance of services, or damages caused by out-of-stock, unavailable, or back-ordered products.

Balapasa operates as an e-commerce platform and acts as a facilitator. It does not take possession of any products or services offered by merchants nor hold any rights, title, or interest over the products. Balapasa does not have any obligations or liabilities in respect to contracts between buyers and merchants. Balapasa shall not be held responsible for:

  • The quality or suitability of goods provided by shops or restaurants, including food orders meeting your requirements and needs.
  • Merchant's goods not meeting your expectations or causing any loss, harm, or damage to you.
  • The availability or unavailability of certain items on the menu.
  • Merchant's errors in serving incorrect orders.
  • Any change or cancellation of menu items or prices provided by the merchants. The information on the Platform is based on the information provided by the merchants, and Balapasa shall not be responsible for any discrepancies or variations.

Personal Information
To use our service, you must create an account on our site. During the account creation process, we will collect personally identifiable information from you, including your name, phone number, and email address. We may also collect demographic information such as your zip code and allow you to submit additional information for your profile. You have control over the amount of information you share in your profile. We recommend guarding your identity and sensitive information. You can review and update your profile at any time.

Delivery and Payment
Delivery periods provided are approximate estimates and may vary. Balapasa is not responsible for any delay in the delivery of your order due to processing delays or other unavoidable circumstances.

Your order will be delivered to the address you provide at the time of placing the order. Balapasa reserves the right to cancel the order if there is a change in the delivery location, and no refund will be provided in such cases. You are responsible for providing accurate delivery instructions and authorizations. If you fail to accept delivery or provide appropriate instructions, the goods will be deemed delivered to you, and all risk and responsibility for the goods will pass to you. Balapasa's liability ends once the order has been delivered to you.

For payment, you may be required to provide your credit or debit card details to our approved payment gateways. You must provide correct and accurate card details that you lawfully own. Your information will not be shared with third parties unless required for fraud verifications or by law, regulation, or court order. You are responsible for the security and confidentiality of your card details. Balapasa disclaims any liabilities arising from unauthorized use of your credit or debit card. Services will be provided during the working hours of the relevant merchants.

Prohibited Activities on the Platform
The following activities are prohibited on the Platform:

  • Using the Platform for purposes that violate laws or regulations.
  • Posting content that infringes intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.
  • Posting unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing content.
  • Posting content that constitutes cyber-bullying.
  • Posting content that depicts dangerous or risky behavior.
  • Posting personal information of others without their consent.
  • Posting URLs to external websites or any form of HTML or programming code.
  • Posting spam or engaging in any form of spamming activity.
  • Impersonating another person when posting content.
  • Harvesting or collecting information aboutusers without their consent.

Intellectual Property
All intellectual property rights in the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by Balapasa or its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works, or publicly display any content from the Platform without prior written permission from Balapasa.

Indemnification
You agree to indemnify and hold Balapasa, its officers, directors, employees, agents, and affiliates harmless from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of your use of the Platform, your violation of these Terms of Use, or your violation of any rights of another.

Disclaimer of Warranties
The Platform and all services provided on the Platform are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Balapasa does not warrant that the Platform or its services will be uninterrupted, error-free, or free from viruses or other harmful components. Balapasa disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability
To the maximum extent permitted by law, Balapasa shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Platform, even if advised of the possibility of such damages. In no event shall Balapasa's total liability to you for all damages, losses, or causes of action exceed the amount you have paid, if any, to Balapasa for accessing or using the Platform.

Changes to the Terms of Use
Balapasa reserves the right to modify or update these Terms of Use at any time without prior notice. Your continued use of the Platform after any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use.

Termination
Balapasa may, in its sole discretion, terminate or suspend your access to the Platform at any time without prior notice and for any reason, including but not limited to your violation of these Terms of Use.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Balapasa operates. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at [email protected]

By using the Balapasa Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.