Partner Terms and Conditions

General

  • BE-HELP CENTER means “we” or “us” of 27/87 Petkasem Road, Hua Hin, Prachuap Khiri Khan, 77110, Thailand, Phone: +66 (0) 6 3095 8392
    E-mail:
    info@be-help.com who is licensed to operate the Website.
  • CUSTOMER means a person over the age of 18 years of age who has registered on the Website to purchase Services.
  • PARTNER “you”: A "partner" is a natural or legal person or a partnership which is licensed to carry out the Services.
  • Services includes but is not limited to guided tours, river barge or canoe trips, tickets for cabarets, cooking lessons, spa, massage, guide, translators, tattoos, trekking, quad, diving and vehicle rentals
  • VISITOR “you”: a “visitor” is an individual person who visits the Website without a subscription.
  • USERS “you”: are the CUSTOMERS, PARTNERS and the VISITORS.
  • Website means www.be-help.com.

Be-Help.com and all its products are provided under licence by IhelpTh Co. Ltd. Be-Help.com and its products propose to connect, link and allow our VISITORS and CUSTOMERS to discover the Services of our PARTNERS. The Website is the platform and the APPS are the operating system using geolocalisation, tracking for both PARTNER and CUSTOMERS. The offers for Services are published and accessible through the APPs (and the Website) and the transaction can be fixed mainly with the APPs.

The BE-HELP CENTER allows PARTNERS to present, give an overview of and facilitate VISITORS and CUSTOMERS to book its Services in Thailand.

Registration and Accounts

When a PARTNER registers to post Services on the Website and this registration is approved by the BE-HELP CENTER, the PARTNER is entitled to offer Services through the BE-HELP CENTER. BE-HELP CENTER will verify the authenticity, identity, and/or delegations of attorney of the person who is clicking on the “I AGREE” button.

Scope of these Terms and Conditions and Privacy Policy

These “Terms and Conditions”, as well as our “Privacy Policy” apply to any use of the BE-HELP CENTER. You as a ("PARTNER") of the BE-HELP CENTER may use the BE-HELP CENTER only if you agree to these Terms and Conditions and Privacy Policy after reading them and agreeing to accept them. Please read the Terms & Conditions and Privacy Policy carefully in order to be informed about your rights and obligations. Any use of the BE-HELP CENTER means that you have read and understood the Terms and Conditions and the Privacy Policy and agreed to be bound by them.

License of BE-HELP.com

IhelpTh Co. Ltd grants you a royatly free, exclusive right in Thailand, to use the BE-HELP CENTER in accordance with the terms and conditions.

As a PARTNER, you are permitted to use the BE-HELP CENTER for commercial purposes. You may not disassemble, decompile, reverse engineer or create derivative works based on the entirety or part of the BE-HELP CENTER, or attempt to do so.

  • Third party content, links to other sites or applications: IhelpTh Co. Ltd does not assume any liability for the content of third parties (including activities available for booking requests and information relating to these activities) that may be available on the website and for content linked to the website or is related or mentioned.
    IhelpTh Co. Ltd does not recommend or endorse this content and will not have any responsibility in this regard. We recommend you to read the terms and conditions of the partners' website to know how these websites process your personally identifiable information .
    If you think or find that there is some illegal content on the website, please refer to our BE-HELP CENTER or better report by e-mail to: info@be-help.com
Intellectual property rights and copyrights

The BE-HELP CENTER is and remains protected by copyright and/or other intellectual property rights (including protection under unfair competition law). You do not get any rights to the BE-HELP CENTER, or any names, trade names, and any other identifying information (including trademarks) posted in the BE-HELP CENTER including IhelpTh Co. Ltd. You may access and view the BE-HELP CENTER, but do not incorporate it into other websites, and do not copy, present, authorize, publish, download, license, upload, post or otherwise render perceptible without our written consent prior.

The PARTNER acknowledges and grants to the BE-HELP CENTER the right to use, reproduce, display and make available the intellectual property rights in materials and content submitted through its PARTNER account in accordance with these conditions and which are necessary and essential for the BE-HELP CENTER to exercise its rights and fulfill its obligations under these Terms and Conditions.

The BE-HELP CENTER may use, make available, disclose and offer this content (including the intellectual property rights) of the PARTNER and all such further rights and licenses set out in this contract through his APPS, website www.be-help.com , or devices. The PARTNER is fully liable for to any third-party claim related to copyrights infringements of content the PARTNER has provided to its account in the BE-HELP CENTER.

Services Provided By BE-HELP

  • Through the BE-HELP CENTER process, IhelpTh Co. ltd eases and permits the sale between the CUSTOMER and the PARTNER. This will contribute to increase the PARTNER’s activities, and carry on more sales. The BE-HELP CENTER acts as an advisor encouraging CUSTOMERS to place orders with our PARTNERS.
  • The BE-HELP CENTER and IhelpTh Co. ltd are entitled to conduct tests and so called “hidden visitor audits” whenever they want. After the transaction is finalized between the PARTNER and our “hidden visitor audits”, the PARTNER has to refund all booking fees to IhelpTh Co. ltd. The PARTNER will receive a full report and details of the audit after the test, called a “DEBRIEF”.

Partner Warranties & Obligations

  • The PARTNER warrants that all information linked to or part of their offer to provide Services will at all times be up to date, true, accurate and not misleading. The information regarding the Services has to be updated as timely as possible to guarantee the accuracy of the Service published on our BE-HELP CENTER
    ( www.be-help.com ) (Website).
  • The PARTNER may be held liable for all CUSTOMERS’ claims based upon inaccuracies of the information displayed or published on the BE-HELP CENTER (in relation to prices, and/or Service). You as a PARTNER are responsible for the accuracy of the information in any language published on your PARTNER account. In the event of a mistake, the PARTNER will inform the BE-HELP CENTER in order to make the necessary corrections.
  • The languages permitted are English-French and all languages able to offer a better communication with CUSTOMERS and VISITORS.
  • The BE-HELP CENTER proposes geolocalisation and tracking. The USERS can choose or opt out of tracking with three (3) option: a- always b- when the APP is active c- Never
  • When USERS are in operation or waiting for a Service (delivering services, pick up CUSTOMERS or other), the geolocalisation shall be active to ensure that the Service is completed.
  • USERS are aware that some functions will not work if not using the geolocalisation (tracking, geolocalisation, research).
  • The PARTNER warrants and guarantees that all Services are in compliance with the laws of Thailand and The TAT (Tourism Authority of Thailand) including but not limited to having a license to operate and permits which permit you to provide the Services and all employees, partners are duly allowed to provide the service. You will also obtain all insurances in order to run your activities and cover all damages (persons or materials) which could be suffered by our CUSTOMERS in Thailand. All necessary information for the execution of the Service (localization, pick-up, equipment, protection…) shall be provided in advance by the PARTNER to us.
  • The final subscription will be completed when the PARTNER has send all evidence and any documentation, including copy of permits, licenses, certificates to the BE-HELP CENTER.
  • In case of the PARTNER cannot provide some evidence, the PARTNER shall without undue delay fix it with the correct administrative authorities at his own expense.
  • The PARTNER will check regularly (at least two (2) times a day) the e-mails received from @be-hep.com account.
  • You as PARTNER are in charge of and liable of his own and individual general or particular or any Terms & Conditions which govern his company activities. They go beyond the Terms & Conditions established and running the BE-HELP CENTER for the contract between the PARTNER and the CUSTOMER.
  • The PARTNER warrants that all employees possess the legal allowances and meet all requirements, including licenses, professional qualifications and allowances in accordance with international standard and regulations in Thailand. The PARTNER is fully responsible for the conduct of the Service with the CUSTOMER or other persons who use the Services proposed by the PARTNER.
  • The PARTNER can only propose to the BE-HELP CENTER its own Services. The PARTNER cannot act as an intermediary or agent because as contracting party, the PARTNER shall be held liable for any respective damages. The PARTNER is in state of be prepared to perform and provide the offered services. It is forbidden to upload sham services.
  • The PARTNER agrees to provide the same Service description (including promotions, amenities, rates, restrictions, mandatory fees) on our Website on the same terms as they promote on their own external website, a third party website, or otherwise provide information to get in touch outside of the BE-HELP CENTER.
  • The prices proposed by the PARTNER through the BE-HELP CENTER shall include VAT, sales taxes and all applicable national, Governmental, Provincial, State, City or local taxes or any levies.
  • PARTNER agrees that the CUSTOMER will only pay for the Services advertised on the BE-HELP CENTER Website and no extra charges as further salaries, taxes or commissions to cover other expenses in relation to the Service.

Online Marketing & Marketing

  • The PARTNER acknowledges that the BE-HELP CENTER will, in its sole discretion, announce the PARTNERS’ offers on the BE-HELP CENTER Website, including ranking and promotion.
  • The PARTNER agrees that ihelpTh Co. ltd is entitled to promote the Services of the PARTNER using the PARTNER’s name and brand, including e-mail marketing or others supports (text message, social networks…).
  • The BE-HELP CENTER does not allow the PARTNER to target our brand “be-help apps”, “be-help.com”, “IhelpTh Co. ltd” through keywords purchases that use BE-HELP intellectual property rights.

Partner Responsibility For Content

  • The PARTNER is responsible for the content proposed to be published via its PARTNER account, including, for example, Service descriptions, forums, images ... The PARTNER acknowledges that it only uploads content and data it owns Copyright.
  • The BE-HELP CENTER manages external content such as images, forums, CUSTOMER TIPS and external content and excludes all liability.
  • If the BE-HELP CENTER detects or recommends content that does not comply with these Terms and Condition, it may remove all content that infringes the rules upon providing 7-days notice to the PARTNER. If the abusive content has been generated by the PARTNER, the BE-HELP CENTER has the right to block, to suspend access of the BE-HELP CENTER to the PARTNER or to delete the PARTNER account. This option, blocking or deleting an account, will be done after the PARTNER has sent all details to the BE-HELP CENTER to understand the situation, perform a mutual analysis and protect all mutual interests.

Customer Complaints & Feedback

The PARTNER agrees to reply to all CUSTOMER complaints within a reasonable time (24 hours) to the BE-HELP CENTER whom will forward the PARTNER’s reply to the CUSTOMER.

  • The BE-HELP CENTER is not responsible for and disclaims any liability in respect of the Service offered, rendered or provided by the PARTNER. The specific requests made by the CUSTOMER are to be dealt with by the PARTNER as the BE-HELP CENTER is not responsible for the provision of the Services.
  • The BE-HELP CENTER may, at any time and in its sole discretion, offer support services to a CUSTOMER. In this case, the BE-HELP CENTER can provide an alternative service of an equal or better standard in case of major irregularities, complaints in the service offered and provided. This includes the problem of overbooking. The BE-HELP CENTER could assist CUSTOMER in their communication or actions against the PARTNER.
  • The PARTNER can respond to a message, an evaluation of a Service or a post on our forum by a CUSTOMER following their experience. The PARTNER response must be done in a correct, polite and decent manner and remain factual. If not, the BE-HELP CENTER will act as moderator and may delete the post and ask the PARTNER to write it again in a more constructive way.

Cancellations

  • If the PARTNER for any reason cancels a reservation for a Service, the PARTNER will agree that the BE-HELP CENTER must reimburse the CUSTOMER for the Service unless otherwise agreed between the PARTNER and the CUSTOMER.
  • If a Force Majeure event occurs (including but not limited to a natural catastrophe, war, act of terrorism, interruption of all energies, connections or strikes) at the location where the Services is to be delivered, regardless of whether the PARTNER continues to provide Services during the affected period of the Force Majeure event, the BE-HELP CENTER will process the refunds and transmit them to the affected CUSTOMERS. If the Force Majeure event forces the PARTNER to cancel the service, the PARTNER must notify the BE-HELP CENTER’S CUSTOMERS Service.
  • Provided that there are no different cancellation conditions in the description of the PARTNER's Service, the following cancellation fees will be invoiced by the PARTNER to the CUSTOMER:
    • up to 24 hours before the start of the activity: full refund
    • less than 24 hours before the start of the activity or in the case of a no-show: no refund
  • The PARTNER acknowledges that it cannot claim any charge from the BE-HELP CENTER for the cancellation of Services.
  • The BE-HELP CENTER Website endeavours to provide the best Services to its CUSTOMERS.

Commissions Payable To BE-HELP

  • The BE-HELP CENTER acts as agent, broker and the PARTNER agrees to pay a commission to the BE-HELP CENTER. The amount of the commission is agreed separately and as agreed between the Parties (BE-HELP CENTER & PARTNER), plus Value Added Tax. The commission will be deducted from the gross amount invoiced for the Services to the CUSTOMER as the sale price of the Service. If no payment is credited to the BE-HELP CENTER (for example, recovery of credit card payment by the CUSTOMER), there will be no commission credited to the BE-HELP CENTER.
  • The commission at the BE-HELP CENTER will be invoiced monthly at the rate paid by the CUSTOMERS. Bank charges and other transaction costs shall be borne by the PARTNER. Credit card and banking fees for transfer payments to the PARTNER will be charged as:
    • ( a ) The BE-HELP CENTER bears the cost for its own bank & credit card organization; and
    • ( b ) The PARTNER bears the cost of its own bank & credit card organization.

Payments

  • The BE-HELP CENTER is authorized to collect the amounts invoiced to the CUSTOMER for the Services on behalf of the PARTNER, provided that nothing else has been explicitly indicated in the PARTNER's invoice.
Privacy

The BE-HELP CENTER is committed to protecting the privacy of its members, PARTNERS, CUSTOMERS and VISITORS. You can review our privacy policy on our website at www.be-help.com. If you have any questions regarding our privacy policy, please contact us at: info@be-help.com.

BE-HELP Center Liability

To the extent permitted by law BE-HELP CENTER is not liable to PARTNER (or any party claiming through the PARTNER) in contract (including under an indemnity), tort, breach of statutory duty or otherwise for any:

  • ( a ) loss of profits, opportunity, revenue, data, goodwill, business or anticipated savings, pure economic loss, loss of value of equipment, loss of data or expectation loss; or
  • ( b ) any indirect, consequential, special, punitive or exemplary loss or damage;

even if such loss or damage was reasonably foreseeable, arose naturally or was in the contemplation of the parties, resulting from use of the Website.

Partner’s Liability

The PARTNER agrees to indemnify, defend against and waive any and all claims against the BE-HELP CENTER in respect of any and all claims, actions, losses, damages, expenses or any other liability of third parties (this includes, but is not limited to legal fees and expenses) resulting from the Services of the PARTNER, the performance of the PARTNER's obligations under this contract, or any breach or default by the PARTNER pursuant to these Terms and Conditions. This includes, without limitation, any breach of any representation, warranty, or undertaking, or any claim that the BE-HELP CENTER authorized by this contract infringes or misuses intellectual property rights to a third party. The PARTNER agrees to use one of the lawyers selected by the BE-HELP CENTER to prevent and defend any claim that is formulated at any time. Before reaching a settlement or judgment or proceeding, the PARTNER agrees to request the BE-HELP CENTER counsel in advance, who will give written consent to negotiate on its behalf.

Applicable law and juridiction

The Law of the Kingdom of Thailand shall apply to these Terms and Conditions and the application of the compulsory legal provisions of that country is not affected by the choice of law. The exclusive place of jurisdiction is Prachuap Khiri Khan.