Welcome to Bukit! We hope that you are enjoying your experience.
The Services comprise a platform that presents you with a set of local retailer virtual storefronts from which you can select goods for picking and packing by employees of the local retailer (“Retailer”) and pick-up and delivery by Bukit delivery drivers (“Bukit Drivers”) to your location or, if available, for you to pick up in-store.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products you select. Unless otherwise specified, you acknowledge and agree that Bukit and Bukit Drivers are acting as your agents in delivery of goods purchased by you. You agree that your purchase is being made from the Retailers for the product you have selected, and that title to any goods passes to you when they are purchased at the applicable Retailers’ stores. Bukit will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the Retailers and any separate Bukit fees, and your card will be charged for the goods purchased by you and any applicable fees.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Bukit, Bukit does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
1. License and Access
Bukit grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.
Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Bukit a non-exclusive, royalty-free, worldwide, transferable, sub-license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Bukit may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
When you use Bukit, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Bukit on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. Bukit reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant Bukit the right to use such feedback or comments for any purpose without restriction or payment to you.
2. Your Account
You may need your own Bukit account to use certain Bukit services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Bukit does facilitate the sale of products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Bukit only with involvement of a parent or guardian. Alcohol listings on Bukit are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Bukit reserves the right to refuse service, terminate accounts, terminate your rights to use Bukit Services, remove or edit content, or cancel orders in its sole discretion.
You agree that you will comply with all applicable laws and not cause Bukit, the Bukit Drivers, or any Retailer to contravene any applicable laws. If you receive your alcohol delivery in the United States, you agree that you are 21 year of age or older if you order alcohol products. If you receive your delivery in another country, you agree that you are of legal age to purchase alcohol products in the relevant jurisdiction. If you order alcohol products, you understand and acknowledge that neither Bukit nor Bukit Drivers can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Bukit Driver delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Bukit reserves the right to cancel the alcohol-related portion of your order.
3. Third-party Products and Content
You agree that Bukit does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Bukit will have no liability based on such purchase, use or access.
Bukit attempts to be as accurate as possible. However, Bukit does not warrant that product descriptions or other content of any Bukit Service is accurate, complete, reliable, current, or error-free. If a product offered by Bukit itself is not as described, your sole remedy is to return it to the local Retailer in unused condition.
4. Service Provided is “As Is”
The services are provided "as is" and "as available." to the maximum extent permitted by applicable law, Bukit disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Bukit makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by Bukit drivers or any third party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free. Bukit does not guarantee the quality, suitability, safety or ability of third-party providers, or Retailers. You agree that the entire risk arising out of your use of the services, any services provided by Retailers or third party providers, or any products requested by you or delivered to you, remains solely with you.
If you have a dispute with one or more Retailers, you agree to release Bukit (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Although items may be returned within 7 days, the item must be returned directly to the local Retailer for a full refund.
5. Limitation of liability
In no event shall Bukit (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.
We will not be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by retailers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages.
Bukit, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you to Bukit for the past 12 months of the services.
This provision applies to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold harmless Bukit and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
7. Disputes & Arbitration
Any dispute or claim relating in any way to your use of any Bukit Service, or to any products or services sold or distributed by Bukit or through Bukit.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Anderson Keuscher, PLLC, 905 Plumas Street, Reno, Nevada 89509. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Bukit will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice. In the event of Termination, these terms survive and continue to apply to you.
9. Controlling Law
These Terms will be governed by the laws of the State of Nevada, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 7 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Washoe County, Nevada, USA, and you and Bukit consent to the personal jurisdiction of those courts.
10. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Bukit, shall constitute the entire agreement between you and Bukit with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
11. No Waiver
Bukit’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Bukit may assign its rights, licenses, and obligations under these Terms without limitation.
13. Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
14. Copyright Policy
Bukit respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Bukit will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.
If you believe any content posted or made available on the IBukit Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Bukit’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Bukit Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright Agent
905 Plumas St.
Reno, Nevada 89509
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Bukit service are trademarks or trade dress of Bukit in the U.S. and other countries. Bukit's trademarks and trade dress may not be used in connection with any product or service that is not Bukit's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bukit. All other trademarks not owned by Bukit that appear in any Bukit Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bukit.
16. Contact Information
If you have any questions, complaints or comments about the Services contact us at:
ATTN: Copyright Agent
905 Plumas St.
Reno, Nevada 89509
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