Terms & Conditions

KOHME — Terms & Conditions (EN)

1) Acceptance of the Terms

By creating an account, accessing, or using KOHME—KOHME (Customer App), KOHME PARTNER (Store/Provider Portal/App), and KOHME RIDER (Delivery App)—you agree to these Terms and the policies referenced (Privacy Policy, Community Guidelines, Payout Policy, etc.). If you do not agree, stop using the services.

2) Eligibility

You must be 18+.

• Riders act as independent contractors (not employees) and must have: a valid driver’s license and compliant vehicle documents; insurance required under Thai law; and a compatible smartphone with location and notifications enabled.
• Partners (restaurants/activity providers) must hold applicable licenses and comply with Thai laws (food/health/consumer/tourism etc.).

KOHME may verify information and suspend/terminate for non-compliance.

3) Accounts & Security

Provide accurate, complete information and keep passwords/OTPs secure. You are responsible for all activity under your account. KOHME may suspend, restrict, or terminate for violations, suspected fraud, safety risks, chargeback abuse, or non-payment.

4) Platform Role

KOHME is a technology platform connecting customers, partners, and riders.

• Partners: solely responsible for menu/services, pricing, descriptions, allergens, prep times, hygiene, and service delivery.
• Riders: solely responsible for safe driving, road-law compliance, and proper item handling.

KOHME does not manufacture food, provide the end service, or control riders’ driving.

5) Services Overview

• Customers: browse, order food/goods, book services/activities, track status, and pay in-app.
• Partners: manage menus/services, prices, time slots/capacity, store profile, and orders/bookings via the Partner portal/app.
• Riders: accept tasks, follow safe routing, and capture Proof of Delivery (POD) such as PIN/QR/photo/signature.

KOHME may add or remove features at any time.

6) Payments, Wallet & Payouts

• Customer payments: processed by authorized providers (cards/PromptPay/gateways shown in-app); we may pre-authorize or charge at order/booking time.
• Partner wallet & payouts: net earnings (after commissions/fees/adjustments) accrue to the wallet and are paid weekly or on-demand (if enabled), subject to reconciliation, refunds, chargebacks, compliance checks, and KOHME’s right of set-off.
• Rider earnings: rates (base, distance, incentives) are shown in-app; payout cycles and eligibility (KYC/bank status) may apply.
• Tips: in-app tips go to the designated recipient, less legally required deductions.
• Taxes: Prices shown to Customers include Partner taxes. Any VAT applicable to KOHME applies only to KOHME’s fees. Partners are responsible for their own VAT/income tax. If Withholding Tax (WHT) applies to KOHME’s fees, Partners must deduct and provide the WHT certificate.

7) Platform Fees, Commissions & Changes

KOHME may charge commissions, service/processing, delivery/booking fees as displayed in the apps/portal. Fee schedules may change; material changes will be notified in-app or by email with reasonable advance notice where required. Continued use after notice constitutes acceptance.

8) Cash on Delivery (COD)

If COD is enabled and a Rider/Partner receives cash from a Customer, that cash is held on behalf of KOHME/the network and must be remitted per in-app instructions and within the stated timeframe. KOHME may set cash-in-hand limits and offset shortages, negative balances, chargebacks, penalties, or proven damages from future payouts. Mismanagement may lead to immediate suspension.

9) Cancellations, Refunds & Adjustments

Food/Shop orders:

• If a store cannot fulfil after acceptance, it must cancel immediately in the portal/app.
• Refunds, where applicable, are processed back to the original method where possible.
• Frequent late prep/cancellations or inaccurate menus may impact visibility/ratings and lead to adjustments.

Activity/Service bookings (baseline):

• Cancel ≥ 24h before start → full refund.
• Cancel within 2h of confirmation → THB 50 fee to the provider.
• No-show → THB 50 fee to the provider.
• Provider-initiated cancellation after confirmation → full refund to the customer; visibility/rating impact may apply.

KOHME may deviate to comply with Thai consumer laws, card-scheme rules, and fraud-prevention requirements.

10) Quality, Safety & Compliance

• Partners: responsible for food quality, allergens disclosure, packaging integrity, hygiene, legal compliance, and on-time prep/service.
• Riders: safe driving, required PPE, road-law compliance, proper item handling, and POD capture.
• Activity providers: licenses and safety standards, equipment maintenance, trained staff, insurance, and safety briefings.

11) Prohibited Conduct

Do not break laws; provide false information; interfere with or probe the platform; circumvent fees; commit fraud (e.g., GPS spoofing, POD forgery, collusion); harass, threaten, or harm others; or post illegal/offensive content. Violations may lead to suspension/termination, evidence retention, regulatory reporting, and set-off of proven losses.

12) Content, Marketing & Intellectual Property

• Partner content license: a non-exclusive, worldwide, royalty-free license to KOHME to use names, logos, menus, photos, and media to display and promote on KOHME apps, websites, and official channels.
• User content: reviews/photos/feedback may be used to improve services and for moderation; KOHME may remove violating content.
• KOHME IP: all KOHME marks, logos, software, and designs belong to KOHME or licensors. No rights are granted except as expressly stated.

13) Ratings & Reviews

Ratings must reflect genuine experiences and follow community guidelines. Manipulation (fake orders, undisclosed incentivized reviews, etc.) is prohibited and may result in penalties or removal.

14) Data Privacy (PDPA) & App Permissions

• Controller/processor: For operations, fraud prevention, support, and payouts, KOHME acts as Data Controller and may use processors under contract.
• Partner use of customer data: only to fulfil orders/bookings and comply with law; off-platform marketing requires consent.
• User rights: contact us to exercise PDPA rights (access, correction, deletion, objection, portability) subject to legal limits.
• Permissions: apps may request Location, Notifications, Camera/Photos, Microphone (optional). You can change permissions in device settings; some features may not function without them.

See our Privacy Policy for details.

15) Fraud, Security & Enforcement

KOHME may hold or delay payouts, reverse transactions, request additional KYC, or terminate accounts if fraud, policy abuse, chargeback risk, or safety issues are detected. KOHME may set off cash shortages, penalties, or proven damages against wallet balances or future payouts.

16) Suspension & Termination

You may stop using KOHME and request account closure (subject to settlement of pending orders/payouts, cash reconciliation, or investigations). KOHME may suspend/terminate for violations, persistent poor performance, non-payment, legal orders, or risks to users/safety/platform integrity.

17) Disclaimers

KOHME is provided “as is” and “as available.” We do not guarantee uninterrupted or error-free service. Events outside our control (traffic, accidents, weather, network outages) may cause delays. To the extent permitted by law, KOHME disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

18) Limitation of Liability

KOHME’s aggregate liability for any claims arising out of or relating to the services is limited to the platform fees/commissions you paid to KOHME in the three (3) months preceding the event. Nothing limits liability that cannot be excluded by law (e.g., death/personal injury caused by proven negligence).

19) Indemnity

You agree to defend, indemnify, and hold harmless KOHME, its officers, directors, employees, and agents from claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (i) your breach of these Terms/policies; (ii) your violation of law or third-party rights; (iii) content you provide; or (iv) your acts/omissions in using the services (including delivery driving or provision of activities).

20) Changes to the Terms

We may update these Terms and policies. We will notify you in-app or by email where required. Continued use after the effective date means you accept the changes. For material changes, we will provide reasonable advance notice.

21) Governing Law & Dispute Resolution

These Terms are governed by the laws of Thailand. You agree to the exclusive jurisdiction of Thai courts having competence over Koh Samui/Surat Thani (or another competent Thai court as applicable).

22) Miscellaneous

• Severability: If any provision is unenforceable, the remainder remains in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign your rights without our consent; KOHME may assign as part of a merger, acquisition, or asset transfer.
• Electronic communications: You consent to receive electronic communications regarding your account and the services.
• Entire agreement: These Terms plus referenced policies form the entire agreement between you and KOHME.

23) Contact

KOHME Co., Ltd. • 39/24 Moo 1, Ang Thong, Koh Samui, Surat Thani, Thailand Email: [email protected]