Delivery Service Phangan Co., Ltd., registration number 0845559002570 (the “Company”), offers partners an agreement for the use of the Delivery KPG platform on the following terms.
A “Partner” is an individual, a legal entity or another person or organisation entitled to carry on the relevant activity, on whose behalf an establishment is listed on the platform and goods are sold.
“Store Owner” means the user account through which a Partner or its authorised representative manages one or more establishments.
An “Establishment” is a restaurant, café, shop or other retail outlet listed on the platform.
The Company intends to be bound by this offer once the Partner accepts it in the manner set out below.
1. Purpose of the platform
1.1
The Company enables the Partner to create and maintain establishment pages, list menus and goods, receive and process customer orders, communicate with order participants and view settlement information.
1.2
The Partner sells goods to customers independently and determines the range, prices, availability and preparation terms for its goods.
1.3
The Company provides platform services and does not purchase the Partner’s goods for resale.
1.4
Independent drivers deliver orders to customers. The platform facilitates the exchange of order information and communication between the participants.
1.5
The Partner pays the Company a platform usage fee in accordance with this offer and the applicable tariff.
2. Store Owner account and establishment listings
2.1
Through a Store Owner account, the Partner may create and manage pages for one or more establishments, add goods and change prices, opening hours and other information.
2.2
The Partner enters information itself or provides it to a Company manager for entry on the platform.
2.3
When a manager assists, information is listed on the basis of the information supplied by the Partner. This assistance is technical in nature and does not mean that the Company assumes the role of seller or manages the establishment’s business.
2.4
The Partner is responsible for the accuracy, currency and lawfulness of the information and materials it supplies. If it discovers an error, it corrects it itself or informs the Company of the required changes.
2.5
A user acting on behalf of another person confirms that they have the necessary authority to manage the relevant establishment and accept the platform’s terms of use on that person’s behalf.
2.6
The Partner keeps access to its account secure and ensures that only authorised persons use it. It promptly notifies the Company if it discovers unauthorised access.
2.7
Adding several establishments to one account does not, by itself, change the person who sells the goods of each establishment.
3. Goods and order fulfilment
3.1
The Partner is responsible for product descriptions, ingredients or composition, prices, availability, quality, safety and compliance with the requirements applicable to its activity.
3.2
Upon receiving an order, the Partner determines whether it can fulfil it and confirms or rejects it through the platform.
3.3
After confirming an order, the Partner prepares it in accordance with its contents and the agreed ready time.
3.4
The contents or price of a confirmed order may be changed after agreement with the customer and recording the changes on the platform.
3.5
The Partner ensures that the order is complete and packaged appropriately for transporting the goods concerned.
3.6
If a product is unavailable, an order is delayed or cannot be fulfilled, the Partner promptly communicates this through the channels provided by the platform.
4. Order handover and payment for goods
4.1
When collecting an order, the driver pays the Partner for the goods using the driver’s own funds. This applies both when the customer pays the driver directly and when the customer pays online.
4.2
The Partner receives payment for the goods when handing the order to the driver. The driver’s payment relates to fulfilment of the customer’s order and is not a purchase of the goods by the Company.
4.3
The Partner checks the order number, completeness and amount received, and then hands the packaged order to the driver.
4.4
Subsequent settlements between the customer, driver and payment provider do not change the process for the Partner to receive payment for goods set out in this section.
4.5
The Partner’s receipt of payment for goods and its payment of the platform usage fee to the Company are separate settlements.
5. Platform usage fee
5.1
Tariffs, calculation methods and payment terms for platform services are published on the Company’s website: partners.delivery-kpg.com.
5.2
The Partner reviews the applicable tariff before using paid services. Where the parties separately agree other terms electronically, those agreed terms apply.
5.3
For a percentage-based tariff, the fee is calculated on the value of the Partner’s goods in completed orders as recorded on the platform, taking confirmed adjustments into account. Delivery charges and tips for the driver are excluded from this calculation base.
5.4
The fee is calculated from platform data for the following periods:
- the 1st to the 15th day of each month, inclusive;
- the 16th to the last day of each month, inclusive.
5.5
The amount to be paid is calculated on the 16th for the first half of the month and on the 1st of the following month for the second half, unless the parties agree otherwise.
5.6
The Partner pays the fee to the Company in the manner and within the time specified by the applicable payment terms. The calculation is provided through the platform or an agreed communication channel.
5.7
The Partner may request an explanation and report an error in the calculation. Confirmed errors are corrected. A dispute about an individual transaction does not relieve the Partner of payment of the undisputed amount.
5.8
Each party independently fulfils the tax obligations imposed on it by applicable law in relation to its activities and income.
6. Enquiries and liability
6.1
Each party is responsible for performing its own obligations under the agreement and applicable law.
6.2
The Partner handles enquiries relating to the contents, quality, completeness and preparation of goods. The Company assists with the exchange of information and communication between order participants.
6.3
In the event of cancellation, return, damage to goods or a need for redelivery, costs are allocated with regard to the reasons for the incident and the substantiated circumstances.
6.4
If a customer refund or other expense results from a breach by the Partner, the relevant amounts are borne by the Partner where supported by justification and evidence.
6.5
The technical processing of a refund through the platform does not, by itself, mean that the Company assumes responsibility for the goods or the actions of other order participants.
6.6
The Partner is given an opportunity to review the grounds for a claim and provide an explanation. The same loss may not be recovered twice.
6.7
This offer does not exclude any liability or restrict any rights that cannot be excluded or restricted by agreement.
7. Materials and data
7.1
The Partner permits the Company to use the establishment names, menus, descriptions, photographs and logos it supplies to list and present establishments and goods on the platform and in related informational materials.
7.2
The Partner confirms that it has the necessary rights to the materials it supplies. Providing materials does not transfer ownership of them to the Company.
7.3
Customer and driver data obtained through the platform are used for order fulfilment, settlements and related enquiries, in compliance with applicable law.
7.4
The Company processes personal data in accordance with applicable law and its published privacy notice.
8. Acceptance of the offer
8.1
Before taking an action that constitutes acceptance, the Partner is given access to this offer and the applicable payment terms, together with notice that the relevant action signifies agreement to them.
8.2
The offer is accepted by the first of the following actions taken by the Partner or its authorised representative after that notice:
- publishing an establishment or goods to receive orders;
- enabling the establishment to receive orders;
- confirming an incoming order.
8.3
Upon acceptance, an agreement on these terms is formed between the Company and the Partner. A separate paper signature is not required for this method of acceptance.
8.4
Account creation or entry of information by a Company manager does not, by itself, constitute the Partner’s acceptance. The Partner accepts through its own action or that of its authorised representative.
8.5
Merely viewing the website or receiving a link to this offer does not constitute acceptance.
8.6
The Company retains information that allows the accepted terms, account, action and time of acceptance to be identified.
9. Changes to terms and ending use
9.1
The Company publishes terms of use and tariffs at partners.delivery-kpg.com and notifies the Partner of changes through the platform or an agreed communication channel.
9.2
Changes affecting fees, settlements, liability or other material terms are communicated to the Partner before they apply. The notice specifies the changes, when they will begin to apply and the action by which the Partner may express agreement.
9.3
Merely posting changes on the website does not constitute the Partner’s agreement. Changes do not apply retrospectively to completed orders or existing monetary claims.
9.4
The Partner may stop accepting new orders and end its use of the platform by notifying the Company. Previously confirmed orders and outstanding settlement obligations must be resolved.
9.5
The Company may restrict access in the event of technical failures, security threats, unlawful use of the platform, material breach of the agreement or overdue amounts. The Partner is informed of the reason for the restriction and how to request a review, unless disclosure is prohibited by law.
9.6
Ending use of the platform does not cancel obligations concerning final settlements, justified refunds or data protection.
9.7
This offer applies after acceptance and does not retrospectively change the terms of previously completed orders.
10. Governing law and contact details
10.1
The agreement is governed by the laws of Thailand.
10.2
The parties seek to resolve disagreements through exchange of information and negotiation, while retaining the right to apply to a competent public authority or court.
10.3
The invalidity of an individual provision does not affect the remaining provisions if the agreement can be performed without it.
Registration number: 0845559002570
27/10 Moo 3, Koh Phangan, Surat Thani 84280, Thailand
partners.delivery-kpg.com
delivery.kpg@gmail.com
+66 63 678 2760