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TERMS AND CONDITIONS OF SERVICE

Last Updated: [Date]

Welcome to the APEX MERIDIAN HOLDINGS food delivery platform ("Platform"). By placing an order through our Platform, you agree to these Terms and Conditions. Please read them carefully.

1. ABOUT OUR SERVICE

1.1 Who We Are
APEX MERIDIAN HOLDINGS CO., LTD. (Registration No: 0845568014283) ("we", "us", "our", "APEX") operates a food delivery service on Koh Tao, Thailand. We purchase food from partner restaurants and resell it to you with delivery service.

1.2 Our Role
Important: We are the seller of all food items on our Platform. We are not a marketplace or intermediary. When you order through our Platform:

  • You are buying directly from APEX MERIDIAN HOLDINGS
  • We have purchased the food from restaurants for resale to you
  • Your contract is with us, not with the restaurants
  • We handle all customer service and refunds

1.3 Service Area
We deliver throughout Koh Tao, with service areas divided into:

  • Standard Zones: Most accessible areas (45 THB delivery fee)
  • Remote Zones: Elevated or difficult-access areas (60 THB delivery fee)

2. ORDERING PROCESS

2.1 Registration
To place orders, you must:

  • Provide accurate contact information
  • Be at least 18 years old
  • Have a valid delivery address on Koh Tao

2.2 Placing Orders

  • Browse restaurants and select items
  • Items from multiple restaurants create separate delivery fees
  • Review your cart showing all charges before checkout
  • Provide accurate delivery instructions

2.3 Order Acceptance

  • Your order is confirmed when we send confirmation via app/SMS/email
  • We reserve the right to reject orders for operational reasons
  • If items become unavailable, we will contact you for alternatives

2.4 Delivery Times

  • Estimated times include preparation and delivery
  • Times may vary due to:
    • Restaurant preparation delays
    • Weather conditions
    • Road conditions
    • Order volume

3. PRICING AND PAYMENT

3.1 Price Display
All prices shown EXCLUDE VAT. Your total charge includes:

  • Food Items: Menu prices as displayed (excluding VAT)
  • Delivery Fee: 45 THB (standard) or 60 THB (remote) per restaurant (excluding VAT)
  • Processing Fee: Exact payment processor fee (varies by payment method)
  • VAT: 7% on subtotal of food items and delivery fees

3.2 Example Calculation

Order from 1 restaurant (standard zone):
Food items:        200.00 THB
Delivery fee:       45.00 THB
Subtotal:          245.00 THB
VAT (7%):           17.15 THB
Processing fee:      3.00 THB
TOTAL:             265.15 THB

3.3 Multiple Restaurant Orders

  • Each restaurant incurs a separate delivery fee
  • Example: 3 restaurants = 3 × delivery fee
  • Our driver may consolidate delivery in one trip

3.4 Payment Methods

  • PromptPay (lowest processing fees)
  • Credit/Debit cards (higher processing fees)
  • Other methods as available

3.5 Payment Security

  • Payments processed by licensed payment providers (Xendit)
  • We do not store payment card details
  • All transactions are encrypted

4. DELIVERY

4.1 Delivery Methods
We deliver using:

  • Our employed drivers (most orders)
  • Restaurant partner drivers (selected orders) You cannot choose the delivery method.

4.2 Delivery Zones

Standard Zones (45 THB) include:

  • Sairee Beach area
  • Mae Haad pier area
  • Chalok Baan Kao
  • Central areas with good road access

Remote Zones (60 THB) include:

  • Elevated areas requiring hill climbing
  • Areas with poor road conditions
  • Distant locations from main roads
  • [View zone map on our Platform]

4.3 Delivery Process

  • Drivers will call upon arrival
  • Please be available to receive your order
  • Have correct change if paying cash on delivery
  • Drivers cannot wait more than 5 minutes

4.4 Failed Delivery If delivery fails due to:

  • Your unavailability: No refund, food is forfeited
  • Wrong address provided: Redelivery fee applies
  • Our error: Full refund or redelivery at no charge

5. CANCELLATIONS AND REFUNDS

5.1 Cancellation by You

  • Before restaurant accepts: Full refund
  • After restaurant accepts: No refund (food preparation started)
  • Exception: Major delay (>30 minutes) allows cancellation with refund

5.2 Cancellation by Us We may cancel if:

  • Restaurant unexpectedly closes
  • Severe weather makes delivery unsafe
  • Technical issues prevent order processing You receive a full refund for our cancellations.

5.3 Refund Policy Refunds are provided for:

  • Missing items (refund for missing items only)
  • Wrong items delivered
  • Food quality issues (photo evidence required)
  • Significant delays caused by us

5.4 How to Request Refunds

  • Contact us within 2 hours of delivery
  • Provide order number and issue description
  • Include photos for quality issues
  • Refunds processed within 3-5 business days

6. QUALITY AND SAFETY

6.1 Food Quality

  • We and our restaurant partners maintain high standards
  • All partners hold required licenses
  • Food is prepared fresh for each order

6.2 Allergens

  • Allergen information provided where available
  • You must inform us of allergies in order notes
  • We cannot guarantee allergen-free preparation
  • If you have severe allergies, order at your own risk

6.3 Special Dietary Requirements

  • Clearly note requirements in order notes
  • We communicate these to restaurants
  • We cannot guarantee compliance with all requirements

7. YOUR RESPONSIBILITIES

You agree to:

  • Provide accurate delivery information
  • Be available to receive deliveries
  • Treat delivery staff respectfully
  • Not misuse the Platform or attempt fraud
  • Report issues promptly and honestly

8. LIMITATIONS OF LIABILITY

8.1 Service Availability

  • Service may be interrupted by weather, especially during monsoon season
  • Technical issues may occasionally occur
  • Restaurant availability varies

8.2 Liability Limits

  • Our liability is limited to the order value
  • We are not liable for:
    • Delays beyond our reasonable control
    • Your failure to receive orders
    • Allergic reactions (when allergens were disclosed)
    • Consequential or indirect losses

8.3 Force Majeure We are not liable for failures due to:

  • Severe weather or natural disasters
  • Island infrastructure issues
  • Government restrictions
  • Other events beyond reasonable control

9. PRIVACY AND DATA PROTECTION

9.1 Information We Collect

  • Name, phone, email, delivery address
  • Order history and preferences
  • Payment information (handled by payment processor)

9.2 How We Use Information

  • Process and deliver orders
  • Send order updates
  • Improve our service
  • Marketing (with your consent)

9.3 Data Protection

  • We comply with Thailand's Personal Data Protection Act
  • We do not sell your data
  • Restaurants receive only necessary delivery information
  • See our Privacy Policy for details

10. INTELLECTUAL PROPERTY

  • Our Platform and brand are our property
  • Restaurant names and menus are shown under license
  • You may not copy or misuse our content
  • Reviews you submit become our property

11. PROHIBITED USES

You must not:

  • Create false accounts or orders
  • Attempt to defraud us or restaurants
  • Harass delivery staff
  • Resell items purchased through us
  • Use the Platform for illegal purposes
  • Attempt to circumvent the Platform to order directly

12. CHANGES TO TERMS

  • We may update these terms with 7 days notice
  • Continued use constitutes acceptance
  • Major changes notified via email/app notification

13. COMPLAINTS AND DISPUTES

13.1 Complaints Process

  1. Contact our customer service first
  2. We aim to resolve within 24 hours
  3. If unresolved, escalate to management

13.2 Consumer Protection You have rights under Thai consumer protection laws including:

  • Right to accurate information
  • Right to safe products
  • Right to fair contract terms
  • Right to compensation for damages

13.3 Dispute Resolution

  • Initial resolution through our customer service
  • Unresolved disputes: Consumer Protection Board
  • Legal proceedings: Surat Thani courts

14. CONTACT INFORMATION

Customer Service

  • In-app chat
  • Email: [support email]
  • Phone: [phone number]
  • Hours: [service hours]

Registered Office
APEX MERIDIAN HOLDINGS CO., LTD.
[Address as per registration]

15. GOVERNING LAW

These terms are governed by Thai law. By using our service, you submit to the jurisdiction of Thai courts.

16. SPECIAL PROVISIONS FOR KOH TAO

16.1 Island Considerations

  • Delivery times may increase during high tourist season
  • Some areas may become inaccessible during heavy rain
  • Service limitations during supply chain disruptions

16.2 Environmental Commitment

  • We encourage reducing single-use plastics
  • Option to refuse utensils in app
  • Participating in island sustainability initiatives

BY PLACING AN ORDER, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.

Consumer Protection Notice: These terms do not affect your statutory rights under Thai consumer protection laws. For consumer complaints, you may also contact the Office of the Consumer Protection Board.

Version: 1.0
Effective Date: [Date]