BAYKED

Terms & Conditions

This page (together with the documents referred to on it) informs you of the terms and conditions upon which we supply any of the items (Products) listed on our website bayked.co (our site) to you. Please read our terms and conditions carefully before placing an order for any Product from our site. If you use our Platforms, you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms, your only remedy is to discontinue using our Platforms.

Keep a printed copy of these terms and conditions for future reference.

Information about us

Bayked.co & Bayked applications (web & mobile apps) is a brand operated by Bayked Pvt. Ltd. (we and/or the Company). We are registered in Pakistan under SECP and applicable Company Laws and our registered office and main trading address are at Queen’s Road, Lahore Pakistan.

1. Use of the Platforms an d Bayked Account

1.1 You will need to sign up for a Bayked account for you to be able to use the Platform. When you sign up for a Bayked account we will require you to provide your personal information including a valid email address, a mobile phone number, and a unique password. To purchase an Order, contingent on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it a secret at all times. You are wholly and solely responsible for keeping your password safe. Except for cases of fraud or misuse which are not your fault, you accept that anything ordered from your Bayked account is your sole responsibility. 

1.2 Bayked shall not be liable for Orders that face delivery issues due to incomplete, inaccurate, or missing information provided by you. You are obligated to provide information that is complete, accurate, and correct for the adequate processing of the Order, including your delivery address and contact information.

1.3 If you wish to delete your Bayked account, please send us an email at (care@pre-wp.bayked.co) requesting the same. We may restrict, suspend or terminate your Bayked account and/or use of the Platforms if we reasonably believe that: 

1.3.1 someone other than you is using your Bayked account; or 

1.3.2 if you are suspected or found to have been associated in any activity or conduct that is in breach of these Terms, our guidelines, and policies, or involved in an activity or conduct which we consider in our sole discretion to be a misuse of the Platforms.

2 Restrictions

2.1 Activities that are prohibited on the Platforms

The following is a non-exhaustive list of the kinds of conduct that are illegal or prohibited on the Platforms. Bayked reserves the right to investigate and take suitable legal action against anyone who, in Bayked’s sole discretion, takes part in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

2.1.1 using the Platforms for any purpose that is in violation of local, state, or federal laws or regulations;

2.1.2 posting any content that is an infringement of the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

2.1.3 posting content that is unlawful, immoral, obscene, defamatory, libelous, threatening, harassing, racially or ethnically offensive, abusive, slanderous, pornographic,  hateful, or encourages political, racist or xenophobic violence, or embarrassing to any other person or entity as determined by Bayked in its sole discretion or in accordance with local community standards;

2.1.4 posting content that constitutes cyber-bullying, as determined by Bayked in its sole discretion;

2.1.5 posting content that portrays any dangerous, harmful, life-threatening, or otherwise risky behavior;

2.1.6 posting telephone numbers, street addresses, or names of any person;

2.1.7 posting Uniform Resource Locators (URLs) to external websites or any form of HTML or programming code;

2.1.8 posting anything that may be “spam,” as determined by Bayked in its sole discretion;

2.1.9 pretending to be another person when posting content;

2.1.10 harvesting or otherwise gathering information about others, including email addresses, without their consent;

2.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

2.1.12 harassing, stalking, slandering, threatening, or abusing any person on the Platforms;

2.1.13 engaging in any other conduct that restricts or inhibits any other person from being able to use or enjoy the Platforms, or which, in the sole discretion of Bayked, exposes Bayked or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

2.1.14 exhorting other people to engage in any prohibited activities as described herein. 

2.2 Bayked reserves the right but is not obliged to do any or all of the following:

2.2.1 investigate an allegation that any content posted on the Platforms does not comply with these Terms and decide in its sole discretion to delete or request the deletion of the content;

2.2.2 delete content which is abusive, unlawful, or disruptive, or that otherwise fails to comply with these Terms;

2.2.3 suspend or end a user’s access to the Platforms or their Bayked Account upon any violation of these Terms;

2.2.4 monitor, edit, or disclose any content on the Platforms; and

2.2.5 edit or remove any content posted on the Platforms, irrespective of whether such content breaches these standards.

3 Intellectual Property 

All logos, pictures, trademarks, illustrations, images, and service marks, including these Terms as displayed on the Platforms or in our marketing or advertising material, whether registered or unregistered, are the intellectual property of Bayked and/or third parties who have permitted their use (collectively the “Trademarks”). You may not alter, use, download, copy, display, reproduce, sell, republish, license, upload, post, transmit, distribute, or modify these Trademarks in any manner without our prior explicit written consent. Using Bayked’s trademarks on any other website not authorized by us is strictly prohibited. Bayked will assertively enforce its intellectual property rights to the complete extent of the law, including criminal prosecution. Bayked neither assures nor represents that your use of the content displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Bayked. Use of any materials on the Platforms is at your own risk.

4 Restrictions on Goods 

4.1 Some of the Goods offered on our Platforms may be subject to purchase restrictions (“Restricted Goods”), depending on the relevant applicable laws of the country in which you purchase the Restricted Goods. These restrictions include minimum age requirements for alcohol/alcoholic products, as the case may be, and any other goods that we reserve the right not to deliver to you depending on the relevant statutory requirements of the time being in force. 

4.2 Alcohol / Alcoholic Products (“Alcohol”) 

To purchase Alcohol, you must be of the statutory legal age. Bayked, the Vendors and their delivery riders, as the case may be, reserve the right in their sole discretion: 

4.2.1 to ask for valid proof of age (e.g. ID card) from any persons before they deliver Alcohol; 

4.2.2 to refuse delivery if you are unable to prove that you are of legal age; and/or

4.2.3 to refuse delivery to any persons for any reason whatsoever. 

4.3 Cigarettes/Tobacco Products (“Tobacco”) 

4.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco up for sale on our Platforms, we do not purport to advertise, promote or encourage the consumption or buying of Tobacco in any way. 

4.3.2 To purchase Tobacco, you must be of the statutory legal age. Bayked, the Vendors and their delivery riders, as the case may be, reserve the right in their sole discretion:

4.3.3 to ask for valid proof of age (e.g. ID card) from any persons before they deliver Tobacco;

4.3.4 to refuse delivery if you are unable to prove that you are of legal age; and/or

4.3.5 to refuse delivery to any persons for any reason whatsoever.

4.4 Any offer for any Alcohol and Tobacco made on our Platforms stands void when it is prohibited by law.

5 Orders 

5.1 When any Order is placed with Bayked, a confirmation email will be sent to you by Bayked to confirm your order containing the Order receipt. Where applicable, Orders will include any applicable tax (e.g. goods and services tax, value-added tax, etc.) and delivery fees. 

5.2 Minimum Order Value – Vendors may require a minimum order value (“MOV”) before placing and delivering your order. Where an applicable Order fails to meet the MOV, an option of paying the difference to reach the MOV or adding more Goods to your Order will be available to you.

5.3 Special Instructions – Bayked and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, practical, possible, or commercially reasonable, Bayked and/or the Vendor reserve the right to prepare the Order in accordance with standard operating procedures. Neither Bayked nor the Vendor shall be responsible to replace or refund an Order which does not comply with the special instructions provided by you. 

5.4 Allergens – Bayked is not bound to provide ingredient information or allergen information on the Platforms. Further, Bayked does not guarantee that the Goods sold by Vendors are free of allergens. If you have any allergies, allergic reactions, or dietary restrictions and requirements, please contact the Vendor before you place an Order on our Platforms.

5.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor. 

5.6 Prior to placing the Order

5.6.1 In order for the Platform to display the Vendors available in your delivery area, you are required to provide the delivery address.

5.6.2 Once a Vendor has been selected by you, you will be taken to that Vendor’s menu page for you to select and add Goods to the cart. 

5.7 Placing the Order

After clicking “Checkout”, follow the onscreen instructions to complete an Order. We may require you to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

5.8 Cancelling an Order 

5.8.1 If you wish to cancel your Order after it has been placed, contact us forthwith via our in-app customer support feature. You have the right to cancel your Order provided a Vendor has not yet accepted your Order. 

5.8.2 Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if the Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. 

(ii) Cash-on-Delivery Orders 

You have the right to cancel your Order only if your Order has not yet been accepted by the Vendor. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

5.9 Bayked reserves the right to cancel any Order and/or suspend, deactivate or terminate your Bayked account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Bayked account and/or with your Order. 

6 Prices and Payments

6.1 Prices quoted on the Platform shall be in the applicable country’s national currency and are subject to all applicable taxes. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 

6.2 The way we display the prices of our Goods may differ depending on the Vendor, and the prices reflected on our Platforms may: 

6.2.1 include GST, VAT, or such other equivalent tax; or 

6.2.2 exclude GST, VAT, or other equivalent tax. 

A breakdown of the prices and additional charges are displayed before Checkout. By placing an Order, you agree to all amounts, additional charges, and the final ‘Total’ amount which is shown to you. 

6.3 Delivery fees are required to be paid on every Order unless: 

6.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”); 

6.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or 

6.3.3 unless stated otherwise.

6.4 Prices displayed on the Platforms are as at the time of each Order and may be subject to change. 

6.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including: 

6.5.1 Our payment partners: Visa, Mastercard, Alfa Payment Gateway; 

6.5.2 Cash-on-Delivery; or 

6.5.3 Any other payment method that we may offer from time to time. 

6.6 If you have existing credit in your Bayked account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be. 

6.7 Once an Order has been placed successfully, a confirmation email will be sent to you by Bayked along with your Order receipt. If you opt for Pick-Up, the Order receipt will not contain delivery charges.

6.8 Payment Methods 

Bayked reserves the right to offer any additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your debit card/credit card/payment information will be stored with our third-party payment service provider(s) for future orders. Bayked does not store your debit card or credit card or payment information.

6.9 You must ensure that you have sufficient funds on your provided credit or debit card to fulfill the payment of an Order. Insofar as required, Bayked will take responsibility for payments that are made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8 Delivery, Pick-Up and Vendor Delivery 

8.1 Delivery Areas

Our Vendors vary from delivery area to delivery area since our Vendors offer their Goods in specific delivery areas. When you enter your delivery address on the Platforms, you will be able to see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

8.2 Delivery Time

8.2.1 Bayked will deliver your Order to the delivery address provided by you. You may have the option to get your Order delivered at a scheduled specific time or have it delivered as soon as possible. An estimate of the delivery time will be provided to you in the email confirmation sent to you but delivery times shall vary depending on multiple factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the estimated remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later than the estimated time. To ensure that you do not miss the delivery of an Order, please ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Tobacco or Alcohol (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of age, Bayked reserves the right to not deliver your Order to you.

8.3 Unsuccessful or Failed Deliveries 

8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to any reasons caused by you, including but not limited to:

(i) no one being present or available to receive the Order; or 

(ii) contact with the customer was unsuccessful despite attempts to reach the customer via the provided phone number; or

(iii) *lack of appropriate or sufficient access to the delivery area to deliver the Order successfully; 

(iv) lack of a suitable or secure location to leave the Order; or

(v) in case of Restricted Goods, customer did not meet the statutory age requirements or delivery rider did not deem it safe or appropriate for the customer to receive the Restricted Goods.

8.3.2 No-show Cancellations 

If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Bayked reserves the right to cancel the Order without refund or any remedy to you. 

8.4 Wrong Order, Missing Items, Defective Goods 

When you receive your Order, if you discover that there are any issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately or you can use in-app chat or call feature available in My Order > Track Your Order screen. In some cases, Bayked may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

8.5 Order Pick-Up 

8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises (“Pick-Up“) instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty five (25) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time. 

8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in the condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.

8.6 Vendor Delivery

In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. Bayked shall not be responsible in any way for Orders or Goods that are delivered by Vendors. 

9 Vouchers, Discounts, and Promotions

9.1 From time to time, Bayked may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 

9.3 Unless otherwise stated, Vouchers can only be used on our Platforms. 

9.4 Vouchers cannot be exchanged for cash.

9.5 Bayked reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurants’ terms & conditions apply.

9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

10 Representations, Warranties, and Limitation of Liabilities

10.1 Representations and Warranties 

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Bayked makes reasonable efforts to ensure that provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

Limitation of Liability 

To the extent permitted by law, Bayked (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Bayked entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Bayked entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, bakyed, the Bayked entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.

10.3 Vendor’s representations

Bayked shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Bayked does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by the Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

11 Vendor Liability 

Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Bayked shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. 

12 Personal Data (Personal Information) Protection 

You agree and consent to Bayked and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms. 

13 Indemnity 

You agree to indemnify, defend, hold harmless Bayked, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms. 

14 Third Party Links and Websites

The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Bayked does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Bayked accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

15 Termination

Bayked has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Bayked, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Bayked may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platforms.

16 Amendments 

Bayked may amend these Terms at any time at its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

17 Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

18 Governing Law

These Terms shall be governed and construed in accordance with the laws of the country/courts of jurisdiction in which the relevant Bayked entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms: 

  1.  Pakistan (ww.Bayked.cow); Islamic Republic of Pakistan

19 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email (care@pre-wp.bayked.co) or via our in-app customer support chat feature.

20 Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.