Terms and Conditions
A. GENERAL TERMS AND CONDITIONS OF USE
Last updated 10 December, 2020
Blue Services Co., Ltd. (referred to throughout as “we”, “us”, “our”,“Company”, “Platform”, etc.) is the owner and operator of website and /or application Bluuu, an online platform for maid services.
Any party that accesses, uses, or registers with the Platform (such party referred to throughout in the second person “you”, “visitors”, “User”, “Users”, “registered users” etc.) agrees to be contractually bound by these terms and conditions (the “Term”). Therefore, please read this Term carefully before using this Platform.
1. TERMS AND CONDITIONS
1.1 The use of this Platform by you shall be used under this Term. The User should study this Term on the Platform before browsing displayed information or using services. Your use of the Platform, or any of the services or features accessible therein, represents your acceptance of this Term. If you do not wish to use the Platform in accordance with this Term, then you must refrain from using and browsing the Platform.
1.2 In case where you do not agree to the terms and conditions set forth in this Term, you must not use this Platform.
1.3 You agree that a printed version or an electronic communication of this Term from the Platform shall be admissible in judicial or administrative proceedings.
2. AMENDMENT AND FUTURE REVISION
2.1 We may at any time, at our sole discretion, update and revise this Term by posting an amended Agreement on this Platform; any changes that we make to this Term will be effective immediately upon posting.
2.2 We recommend all our users to check this Term regularly before utilizing the content and resources; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “last updated” information that appears at the top of this Agreement. Your use of this Platform following the posting of any changes constitutes acceptance of those changes.
3. MODIFICATION SUSPENSION AND/OR CANCELLATION
3.1 Company reserves the right to modify the Platform, change, suspend, or discontinue providing all or part of the content or functionality of the Platform, with or without notice. You agree that Company shall not be liable to you or to any third party for any such actions.
3.2 This Term is effective until Company is terminated. Upon any such termination, your right to use the Platform will immediately cease. You agree that any termination of your access to or use of the Platform may be effected with or without prior notice, and that Company may immediately delete your User ID, and all related information and files associated with such credentials including, without limitation, your submissions, and/or bar any further access to such information or files.
3.3 You acknowledge and agree that Company shall not be liable to you or to any third party for any modification, suspension and/or cancellation of our services.
4. USER CREDENTIALS AND RESPONSIBILITIES
4.1 We provide you with access to the services. For all types of users, you agree to the following conditions:
4.1.1 keep your Username and Password secure and protected from unauthorized access or use.
4.1.2 immediately notify Company if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security. Company will not be liable for any loss that you may incur as a result of any unauthorized usage of your Username or Password or account, either with or without your knowledge.
4.1.3 maintain and promptly update your account to keep it true, accurate, current and complete.
4.1.4 to bear full financial responsibility for all uses of the Platform by you and those using your login and credit card information, including but not limited to minors living with you and to supervise all usage by such minors of the Platform.
4.1.5 to use the information available on or from the Platform for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through this Platform is expressly prohibited.
4.1.6 not to use the Platform in a way which interferes with its availability for other users.
4.1.7 not to use the account of any other member, without the express permission of the account holder.
4.1.8 not to use this Platform to make any speculative, false or fraudulent booking/reservation or any booking/reservation.
4.2 Company reserves the right to revoke and terminate user information without prior notice if the following actions are committed by the User:
4.2.1 The User falsified information, that is inaccurate, misrepresentative, and harmful of the organization or the site visitors.
4.2.2 The User fails to keep their username and password confidential, that will harm or cause damage to other users or an organization.
4.2.3 The User’s activity and intentions are based on improper, illegal, fraudulent, or immoral grounds in Thai or International Law.
4.2.4 The User republishes or distributes information from the Platform without Company’s consent or prior knowledge. This is to protect the public from misreading and having possession of outdated information.
4.2.5 The User attempts to disassemble, hack, or otherwise reverse engineer the Platform, compromising Platform operations and its contents.
4.2.6 The User spams advertising or any unsolicited material that infringes on other organization’s services.
4.2.7 The User is under the legal age and fails to fulfill all conditions of having parental control or guardianship despite being informed.
4.2.8 The User has acted or is suspected to be acting in any improper manner. Any act of the User maybe interpreted as improper manner upon the sole discretion of Company.
4.3 Notwithstanding the above mentioned, Company may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of this Platform or refuse to give effect to any booking or booking/reservation requested by you, terminate your password, account (or any part thereof) or use of this Platform, and remove and discard any Content within this Platform, without being required to give any reasons or advance notice to you. Furthermore, you agree that Company shall not be liable to you or any third-party for any termination of your access to this Platform.
4.4 All Users who are younger than twenty must have parental or legal guardian consent before completing any transaction or participate in any services under this Platform.
4.5 You fully represent and warrant that:
4.5.1 You are of sufficient legal age to use this Platform in accordance with all terms and conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of the Platform or you have the legal guardian consent before completing any transaction or participate in any service under this Platform.
4.5.2 All information supplied by you in using this Platform are complete, true and accurate.
4.5.3 You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law
5. INTELLECTUAL PROPERTY
5.1 This Platform and all content on this Platform (the “Content”) belong exclusively to Company and/or it's suppliers or independent supplier(s) (“Suppliers”) or the party credited as the provider of such Content. Company retains all rights (including, but not limited to trademark rights, copyright and patent rights) with respect to all software and underlying information or material available through this Platform. You understand and agree that your use of the Platform gives you no right to ownership, title, or interest in the Platform or our intellectual property. the Platform and its various components are protected by Copyright law, Intellectual Property law, Trademark law, Trade Secret law, and other referenceable documents to the protection of Intellectual Property rights.
5.2 The Content is intended solely for your personal, non-commercial use. You may not copy, print, reproduce, reengineer, disassemble, upload, download, store, display in public, alter or modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.
5.3 You are not allowed to download or otherwise export or re-export any software or underlying information or material available through this Platform, except to the extent that such downloading occurs in the course of using this Platform in accordance with our written instructions or otherwise as expressly permitted in this Term. All rights not expressly granted herein are reserved.
5.4 This clause 5 shall survive any termination of this Term.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Your use of the Platform is at your sole risk. This Platform, including the Services information is provided on an “as is” basis and you assume total risk and responsibility for your use of this Platform.
6.2 To the maximum extent permitted by law, Company assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of this Platform including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights or compatibility between this Platform and any software or hardware.
6.3 The information contained in this Platform is subject to change without notice.
6.4 Company neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of this Platform or of any of the data or information contained in this Platform or that the use of this Platform will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through this Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Company will not be responsible for any loss resulting from your reliance on any information provided on this Platform.
6.5 COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS Platform OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL COMPANY NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
1. ANY USE OF THIS Platform OR CONTENT FOUND HEREIN,
2. ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS Platform FOR BOOKING OR RESERVATIONS), OR
3. THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
6.6 In no event shall Company or its directors, employees or agents be liable to you or any third person for (1) any indirect, consequential, exemplary, incidental, special or punitive damages, (2) any loss of profits or data due to your use of the Services, any platform Platforms, or any of the Content or other materials on, accessed through, or downloaded from the Platform, even if Company is aware of or has been advised of the possibility of such damages, (3) the campaigns, and other available programs accessible or available through the Platform by members or users, (4) any act or omission of the Members, the Users, an Member’s failure to comply with applicable law or any circumstance beyond control of Company, (5) any conduct, speech or Content, whether online or offline, of any other third party, (6) these Terms.
6.7 Notwithstanding anything contained in this Term, the User agrees and acknowledges that Company shall not be liable for damages of any kind arising out of any failure or delay by Company in performing any or all of our obligations contained herein or in respect of any services, including in case of Force Majeure.
6.8 The disclaimer and limited liability of Company as set out under this Term are fundamental elements of the basis of the bargain between you and Company, and you agree that Company would not otherwise be able to offer the services on its present basis without such limitations. This clause shall survive any termination of this Term.
6.9 Company shall not be liable for damages of any kind arising out of any failure or delay by Company in performing any or all of our obligations contained herein or in respect of any services if the failure or delay is due to circumstances or cause beyond our reasonable control.
6.10 COMPANY IS NOT THE EMPLOYER OF ANY MAID OR SUPPLIER WHO PROVIDES THE SERVICES AND COMPANY DOES NOT. SUPERVISE, DIRECT, OR CONTROL ANY SERVICES PERFORMED IN ANY MANNER. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES PROVIDER, E.G. THE MAID AND THE SUPPLIER, IS AN INDEPENDENT CONTRACTOR, AND IS NOT AN EMPLOYEE, JOINT VENTURE, PARTNER, AGENT, OR FRANCHISEE OF COMPANY FOR ANY PURPOSE WHATSOEVER.
7. INDEMNITY
You shall indemnify and keep Company and/or any of its Suppliers and their officers, directors, employees and agents indemnified against all claims, demands, actions, proceedings made or brought against Company arising from your use of this Platform and/or any breach of any term or condition by you.
8. LINKS TO THIRD PARTIES
This Platform may contain hyperlinks to other Platforms operated by third parties. The inclusion of hyperlinks to any such Platforms does not imply Company’s endorsement of such websites nor any association with their operators. Company is not responsible for the contents of other websites. Linking to any hyperlinked websites is done at your own risk and subject to the specific terms and conditions (if any) of such hyperlinked sites.
9. PERSONAL INFORMATION
Company's use of personal information collected from and about you in connection with your use of the Platform (e.g., as part of your profile) is governed by our Privacy Policy, (the “Privacy Policy”), and which is incorporated by reference into this Term as a supplementary term
10. MISCELLANEOUS
10.1 Any provision of this Term, which is invalid, prohibited or unenforceable shall: be ineffective to the extent of the invalidity, prohibition or unenforceability; not invalidate the remaining provisions of this Agreement; and such provision shall nonetheless be applicable or enforceable to the fullest extent permitted by law.
10.2 No joint venture, partnership, employment or agency relationship exists between you and Company as a result of this Agreement of your use and/or access, visit or shopping at this Platform.
10.3 Additional terms and conditions and policies posted on this Platform may apply to your booking/reservations and purchase of our services and use of other components of the Platform and you agree to abide by these terms, conditions, and policies, and other components of the Platform.
10.4 This Term constitute the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except by us herein.
10.5 The service is based in Thailand and are under legal duties as a registered Thai business entity. We are not responsible for claims concerning content or user content that is viewed, downloaded, or consumed outside of Thailand. If you access the services and content from outside of Thailand, we are not bound to your country’s legal ramifications.
10.6 The governing law shall be the law of Thailand. Privacy Policy contains a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Company will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
The arbitration shall be held under the auspices of the Thailand Arbitration Centre (“THAC”) and conducted in accordance with the THAC rules. Such arbitration shall be presided by one arbitrator who shall be appointed by the parties. Should the parties be unable to agree to the appointment of an arbitrator, the Director of the THAC shall appoint the arbitrator. The decision of the arbitrator shall be final and binding on the parties. As far as applicable, any award rendered shall be enforceable in accordance with Thai law. Notwithstanding the foregoing, judgment upon the award rendered may be entered in any court having jurisdiction or Platform may be made to such a court for judicial acceptance of the award and an order for enforcement, as the case may be.
B. BOOKING AND RESERVATION TERMS AND CONDITIONS
Please note that the booking/reservation and purchase of all our Services are subject to the following terms and conditions and other terms imposed by our third-party providers, fulfillment providers, and independent supplier(s) (“Supplier”) from time to time (“Supplier Terms”).
By effecting a booking of the services through this Platform, you expressly agree to be bound by terms and conditions herein and the Supplier Terms.
1. MEMBERSHIP
1.1 You may only make bookings or reservations for services or booking/reservation requests upon registration as a member of Platform. Membership is not transferable, but a member may make bookings on behalf of non-member(s).
1.2 You agree to bear full financial responsibility for all usage, access, visit or financial transactions at this Platform using your login and credit card information, including but not limited to usage by minors living with you.
2. CHANGES TO RATES
The rates quoted in respect of the services are subject to change without notice.
3. REMOVAL OF SERVICES
3.1 Company reserves the right, at its sole discretion, at any time and from time to time to remove, modify or discontinue, temporarily or permanently the services (or any part thereof) with or without notice.
3.2 You agree that Company shall not be liable to you or to any third party in any way for any modification, suspension, or discontinuance of the services.
4. RESERVATIONS
4.1 Company and their Suppliers are entitled at their discretion to refuse and/or decline to accept any booking or reservation placed through this Platform.
4.2 Company will not be held liable nor entertain a refund of any nature should you book or reserve a service that is not suitable.
4.3 If you have any special requests, these will be passed on to the relevant Suppliers but cannot be guaranteed by Company. Unless otherwise stated, all bookings or reservations are non-exchangeable and non-transferable.
5. SERVICES
5.1 All services posted on this Platform are subject to their terms and conditions and the availability of the Services. Company do not independently verify the accuracy and quality of the information and does not guarantee its accuracy, completeness or adequacy.
5.2 You understand and acknowledge that Company merely acts as an electronic booking platform for Services of the Suppliers and shall not be responsible nor liable for: overbooking, misinformation or mishandling of any booking/reservation or booking by the Suppliers; or any other dissatisfaction or complaint relating to the quality of the Services provided by the Supplier; any damage or loss to your personal property or personal injury howsoever sustained or caused.
5.3 Company shall not be considered a party to any transaction between you and any Supplier whether or not Company may have received some form of revenue or remuneration in connection with such transaction or be liable for any costs or damages arising out of, either directly or indirectly from you or any other person involved or related to the transaction.
5.4 All Services offered on this Platform are subject to availability and acceptance, at the discretion of the Supplier of such service.
6. CANCELLATIONS AND REFUNDS
6.1 For One-Time Bookings
Users can cancel a purchase if cancellation is made from our website’s My Booking page at least 3 hours in advance from the appointment time to receive a refund, after deducting a 5% cancellation fee. Once within 3 hours from the appointment time, bookings cannot be canceled or postponed and no refund will be provided.
6.2 For Multi-Package Bookings
Users can cancel a purchase if cancellation is made from our website’s My Booking page at least 3 hours in advance from the first appointment time to receive a refund after deducting a 5% cancellation fee. Once within 3 hours from the first appointment time, purchase cannot be canceled or postponed and no refund will be provided.
Users can cancel a booking in a multi-package if cancellation is made from our website’s My Booking page at least 3 hours in advance from the appointment time to postpone to another date/time. Once within 3 hours from the appointment time, a booking cannot be canceled or postponed and no refund will be provided for the credit for that booking.
7. ADDITIONAL POLICIES FOR MULTI-PACKAGE
7.1 Credit validity and expiration: Multi-Package credits are valid for 90 days after the first appointment usage day. Unused credits after the expiration date will be deleted without refunds. Credits purchased under Multi-Packages are not transferable to other Users.
7.2 Changing maids (from User-side): In the event that User would like to change the maid after the purchase of Multi-Package, User can change the made up to 3 times in one Multi-Package. However, the change in maid must be made before 3 hrs of any appointment already made with the current maid.
7.3 Changing maids (by Maid-side): In the event that that maids require to be changed due to unavoidable circumstances (ex. taking a long medical leave, returning to upcountry, etc.), this change will not be counted in the maximum number of changes (3 times) mentioned in clause 7.2 above.
7.4 Maid’s break entitlement: Maids are entitled for a 5-minute break every hour.
8. Complaint resolution
Although the Company cannot guarantee the quality of service and will not be liable for any damage caused by our maids, we take quality of our maids very seriously and pay great attention to the recruiting, training, and maintenance of our maid base at a high level, and in the event of User complaints, we will communicate with both Users and maids in good faith to resolve issues to the best of our abilities.
Complaint channel and resolution procedure
- Users contact the Company via phone call to 020556768, chat to official LINE @bluuu, or email info@bluuu.co
- Company will communicate with both Users and maids to understand issue
- Take appropriate corrective and/or compensation action (at the sole discretion and good will of the Company)
