IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY REGISTERING FOR AN ACCOUNT OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.
1. ABOUT THESE TERMS
These End User Terms and Conditions (“Terms”) govern your use of the BeepMart platform, mobile application, and website (collectively, the “Platform”) operated by Beep Digital Solutions Sdn Bhd (“BDS”, “we”, “us”, or “our”), a company registered in Brunei Darussalam (RC20003283), with its business address at Unit 9, 2nd Floor, Spg 32-37, iCentre Block B28, Kg Anggerek Desa, Jalan Berakas, Brunei Darussalam.
BDS is licensed under the BDCB Order, 2010 – Notice No PSO/N-1/2020/1 on Requirements for Payment Systems.
By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.
2. THE PLATFORM
2.1 What We Do.
The Platform is an online marketplace that connects you with food and beverage merchants (“Merchants”) who offer their products and services for sale. BDS operates the Platform as an intermediary. BDS is not a seller of the products or services listed on the Platform and is not a party to the transaction between you and the Merchant.
2.2 What We Don’t Do.
BDS does not manufacture, prepare, store, or deliver food and beverage products. The Merchant is solely responsible for the quality, safety, legality, accuracy of descriptions, and fulfilment of all products and services. BDS does not guarantee the availability, quality, or safety of any Merchant’s products.
2.3 Platform Availability.
The Platform operates during designated trading hours of 8:00 AM to 10:00 PM Brunei time (UTC+8) daily (“Operating Hours”). BDS uses commercially reasonable efforts to keep the Platform available during Operating Hours but does not guarantee uninterrupted access. The Platform may be unavailable during scheduled maintenance or due to circumstances beyond our control.
3. YOUR ACCOUNT
3.1 Eligibility.
You must be at least eighteen (18) years of age to create an account and use the Platform. By registering, you confirm that you meet this requirement.
3.2 Registration.
To use the Platform’s ordering features, you must register for an account by providing accurate and complete information, including your name, email address, phone number, and delivery address. You agree to keep your account information current and accurate at all times.
3.3 Account Security.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify BDS immediately if you become aware of any unauthorised use of your account. BDS is not liable for any loss arising from your failure to safeguard your account credentials.
3.4 Account Suspension and Termination.
BDS may suspend or terminate your account if: (a) you breach these Terms; (b) you engage in fraudulent, abusive, or illegal activity; (c) you misuse the Platform, including the Group Buy feature; or (d) BDS is required to do so by law. BDS will use reasonable efforts to notify you prior to suspension or termination, except where immediate action is required.
4. ORDERING AND TRANSACTIONS
4.1 Placing Orders.
When you place an order through the Platform, you are making an offer to purchase products or services from the Merchant at the listed price. The Merchant may accept or reject your order. A binding contract between you and the Merchant is formed only when the Merchant confirms your order.
4.2 Pricing and Payment.
All prices displayed on the Platform are in Brunei Dollars (BND) and are set by the Merchant. Prices may include or exclude delivery fees, which will be displayed before you confirm your order. Payment is processed through BDS’s secure payment gateway. BDS accepts the payment methods displayed on the Platform. By submitting payment, you authorise BDS to charge the specified amount on behalf of the Merchant.
4.3 Delivery.
Delivery is facilitated through BDS’s logistics partners. Estimated delivery times are provided as a guide and are not guaranteed. BDS and its logistics partners will use commercially reasonable efforts to deliver within the estimated timeframe. You must ensure that the delivery address provided is accurate and that someone is available to receive the order.
5. GROUP BUY
5.1 How Group Buy Works.
The Group Buy feature allows you to participate in collective purchasing campaigns offered by individual Merchants. Each Group Buy campaign has a minimum quantity threshold that must be reached within a specified timeframe for the campaign to succeed and the discount to apply.
5.2 Successful Group Buy.
If the minimum threshold is met within the campaign period, the Group Buy is successful. Your payment will be processed, and the Merchant will fulfil your order at the discounted price.
5.3 Unsuccessful Group Buy.
If the minimum threshold is not met, the Group Buy is unsuccessful. Any pre-authorised payment will be reversed to your original payment method within five (5) Business Days. BDS will notify you of the outcome.
5.4 Your Acknowledgement.
By participating in a Group Buy, you acknowledge that: (a) there is no guarantee that the minimum threshold will be met; (b) you cannot cancel your participation once the minimum threshold has been met; (c) the Group Buy relates to a single Merchant’s products only; and (d) BDS is not responsible for the Merchant’s fulfilment of Group Buy orders.
6. REFUNDS AND CANCELLATIONS
6.1 Cancellation by You.
You may cancel an order before the Merchant has confirmed it, at no charge. Once an order is confirmed by the Merchant, cancellation is subject to the Merchant’s cancellation policy and any applicable fees.
6.2 Refund Eligibility.
You may be eligible for a refund or replacement if: (a) the product delivered is materially different from what was ordered; (b) the product is unfit for consumption; (c) the order was not delivered within the agreed delivery window; or (d) the order was not delivered at all.
6.3 How to Request a Refund.
Refund requests must be submitted through the Platform within twenty-four (24) hours of the scheduled delivery time. BDS will review the request and, where the claim is substantiated, process the refund to your original payment method within seven (7) Business Days.
6.4 Disputes.
If you are not satisfied with the resolution of a refund request, you may escalate the matter through BDS’s customer support channels. BDS will use reasonable efforts to mediate between you and the Merchant but is not responsible for the Merchant’s products or services.
7. YOUR RESPONSIBILITIES
You agree that you will: (a) use the Platform only for lawful purposes and in compliance with these Terms; (b) provide accurate and truthful information in your account and orders; (c) not engage in any activity that could harm, disrupt, or interfere with the Platform, other users, or Merchants; (d) not attempt to gain unauthorised access to any part of the Platform or other users’ accounts; (e) not use the Platform for any commercial purpose other than purchasing products for personal consumption; (f) not post or submit any content that is false, misleading, defamatory, obscene, or otherwise objectionable; and (g) comply with all applicable laws.
8. YOUR PRIVACY
8.1 Data Collection.
BDS collects, uses, and discloses your Personal Data in accordance with the Personal Data Protection Order 2025 of Brunei Darussalam (“PDPO 2025”) and our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your Personal Data as described in the Privacy Policy.
8.2 What We Collect.
We collect: (a) identity data (name, date of birth); (b) contact data (email, phone number, delivery address); (c) payment data (processed through secure third-party payment processors; BDS does not store full card details); (d) transaction data (order history, Group Buy participation); (e) technical data (IP address, device identifiers, browser type); and (f) usage data (browsing patterns, search queries, feature interactions).
8.3 How We Use Your Data.
We use your Personal Data to: process and fulfil your orders; operate and improve the Platform; facilitate Group Buy campaigns; communicate with you about your orders and account; detect and prevent fraud; comply with legal obligations; and, where you have given consent, send marketing communications.
8.4 Data Sharing.
We share your Personal Data with: Merchants (to fulfil your orders); logistics partners (to deliver your orders); payment processors (to process transactions); Cloud Service Providers (to host and operate the Platform — infrastructure may be located outside Brunei, subject to safeguards under the PDPO 2025); and regulatory authorities (where required by law).
8.5 Your Rights.
Under the PDPO 2025, you have the right to: (a) access the Personal Data we hold about you; (b) request correction of inaccurate data; and (c) withdraw your consent to Processing at any time (though this may affect your ability to use certain features). To exercise these rights, contact us at [Data Protection Officer email].
8.6 Data Retention.
We retain your Personal Data only for as long as necessary to fulfil the purposes for which it was collected. Transaction records are retained for seven (7) years for regulatory compliance. Account data is retained for the duration of your account and twelve (12) months following closure, after which it is securely deleted or anonymised.
8.7 Cookies.
The Platform uses cookies and similar technologies. For details, refer to our Cookie Policy.
9. INTELLECTUAL PROPERTY
All content, design, software, and technology on the Platform is owned by BDS or its licensors and is protected by intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any part of the Platform without our prior written consent. Your use of the Platform grants you no rights to our intellectual property.
10. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BDS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
BDS DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF PRODUCTS OR SERVICES OFFERED BY MERCHANTS. YOUR PURCHASE IS A TRANSACTION BETWEEN YOU AND THE MERCHANT.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. BDS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID THROUGH THE PLATFORM IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR: (A) FRAUD; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (C) BREACH OF DATA PROTECTION OBLIGATIONS UNDER THE PDPO 2025; OR (D) ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BDS, its directors, officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your misuse of the Platform; (c) your violation of any law or the rights of any third party; or (d) any content you submit through the Platform.
13. DISPUTE RESOLUTION
13.1 Customer Support.
If you have a complaint or dispute, please contact our customer support team through the Platform. We will endeavour to resolve your concern within seven (7) Business Days.
13.2 Escalation.
If you are not satisfied with the outcome, you may request escalation to a senior member of the BDS team. BDS will acknowledge your escalation within two (2) Business Days and provide a response within fourteen (14) Business Days.
13.3 Governing Law and Arbitration.
These Terms are governed by the laws of Brunei Darussalam. Any dispute not resolved through the above process shall be settled by arbitration under the UNCITRAL Arbitration Rules. The place of arbitration shall be Bandar Seri Begawan. One (1) arbitrator. Language: English. For claims below BND 5,000, either party may elect to use the relevant small claims process under Brunei law.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ notice via the Platform and your registered email address. Your continued use of the Platform after the effective date of any change constitutes your acceptance. If you do not agree to a change, you should stop using the Platform and close your account.
15. FORCE MAJEURE
BDS is not liable for any failure or delay in performing its obligations where caused by events beyond its reasonable control, including natural disasters, epidemics, pandemics, government actions, cyberattacks, or systemic infrastructure failures.
16. GENERAL PROVISIONS
16.1 Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and BDS regarding your use of the Platform.
16.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver. A failure by BDS to enforce any provision of these Terms does not constitute a waiver of that provision.
16.4 Assignment. You may not assign your rights under these Terms. BDS may assign its rights to an affiliate or successor entity.
16.5 Third-Party Rights. Nothing in these Terms is intended to confer rights on any third party.
17. CONTACT US
If you have questions about these Terms, please contact us at:
Beep Digital Solutions Sdn Bhd
Unit 9, 2nd Floor, Spg 32-37, iCentre Block B28
Kg Anggerek Desa, Jalan Berakas
Brunei Darussalam
Email: support@beep.solutions