Effective as of
PLEASE READ THE TERMS OF USE CAREFULLY
1. ACKNOWLEDGEMENT AND ACCEPTANCE
2. LICENSE GRANT AND CONTENT.
3. MEMBER AREAS.
Members access the Member Areas through a combination of a unique user name (“Username”) and a password (“Password”) set by Members (certain restrictions on the combination of Username and Password apply). Each Member is responsible for maintaining the confidentiality of his, her or its own Username and Password. Furthermore, each Member is entirely responsible for any and all activities which occur under his, her or its Username and Password. Member agrees to immediately notify Site Operator at support@pchome.co.th of any unauthorized use of the Member Areas or a Member’s account or any other breach of security known to Member. Although Site Operator will not be liable for losses caused by any unauthorized use of Member’s account, Member may be liable for the losses of Site Operator or others due to such unauthorized use. Member is solely responsible for (a) any charges, damages, or losses that may be incurred or suffered as a result of Member’s failure to maintain the strict confidentiality of the applicable Username and Password; and (b) promptly informing Site Operator in writing of any need to deactivate any Username and Password due to security concerns. In order to use the Member Areas, a User must: (i) provide certain current, complete and accurate information about himself, herself or itself (“Member Data”); and (ii) maintain and update the Member Data as required to keep information current, complete and accurate. All Users shall arrange for their own access to all equipment (including, without limitation, a computer) necessary to establish an Internet connection, provide for their own access to the Internet and pay any fees associated with such access. Site Operator retains the right to terminate a Member’s rights to use the Member Area or any Services provided in connection therewith if any Member Data provided by Member is untrue, inaccurate, not current or incomplete, or if Site Operator has reasonable grounds to believe that any Member Data is untrue, inaccurate, not current, or incomplete, or if the Member otherwise breaches the Terms of Use. Upon expiration or termination of the applicable Membership Agreement, Member’s right to use the Member Area shall immediately cease.
4. PRIVACY POLICY.
Member Data and other information, including, without limitation, personal information, about Users or their electronic devices will be treated in accordance with the Site’s Privacy Policy. In addition to the restrictions on disclosure of Member Data and other personal information as set forth in the Privacy Policy, Site Operator will not disclose any personal information about a User unless authorized by such User or unless Site Operator is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of Site Operator or its licensors; or (c) enforce the Terms of Use.
5. USER CONDUCT.
You agree that when using the Site or any Service, you will act in a manner consistent with the goals thereof. You may have the opportunity to post, stream, transmit or otherwise provide documents, videos, ideas, remarks, questions, comments, data, graphics, opinions, designs or other content (collectively “User Generated Content”). You retain ownership to User Generated Content submitted on the Site. However, by submitting your User Generated Content to Site Operator, you hereby grant to Site Operator and its affiliates the worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, host, cache, store, archive, index, reproduce, publicly perform and publicly display the User Generated Content. Any personal information, User Generated Content or other information that you provide to Site Operator in connection with the use of the Site or the other Services shall not:
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of your account or your access to the Site or the Services, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Site Operator. You acknowledge that Site Operator is not responsible for and does not assume any liability for Users’ acts or omissions in connection with the use of the Site or any Service, including, without limitation, with respect to the aforementioned activities. If you are or become aware of or experience any Content, activity or communication through or in connection with the Site or the Services that appears to be in violation of the above, or in violation of any other provision of the Terms of Use, please inform Site Operator of any such violation by sending notification to Customer Service. If you believe your access to the Site or any Service has been terminated in error, please contact Customer Service. Site Operator shall not have any liability to you or to any third party in respect of any limitation or suspension of your access to the Site or any Service.
You are solely responsible for the content of any communications by you with third parties (including, without limitation, with other Users), including any communications about, concerning or through the Site or the Services. You agree that you will not use the Site or the Services to send unsolicited commercial or other e-mail. You shall comply with all Thai laws (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although Site Operator is not responsible for any such communications, we may delete any such communications of which we become aware, at any time without notice to you. You agree and acknowledge that you shall be responsible and liable for all uses of the Site or the Services by you or by any third party on your behalf.
Site Operator has the right, but not the obligation, to monitor the content of User Generated Content or any interactive feature of the Site or the Services available to Users to determine compliance with the Terms of Use and any other terms and conditions applicable to you (including, without limitation, any Membership Agreement to which you are a party). Site Operator has the right in its sole discretion to edit, refuse to post or remove any User Generated Content posted on, or other interactive feature of, the Site. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content posted by you. Under no circumstances will Site Operator or its affiliates or licensors be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content or User postings on other interactive features of the Site. Neither Site Operator nor any third party content provider shall assume or have any liability with respect to any conduct, communication or posting by a User on the Site. Any User who feels that any User Generated Content or any other User post is objectionable is encouraged to contact us immediately at Customer Service. We will make every effort to remove such content, within a reasonable time frame, if we determine that removal is necessary.
Site Operator is a provider of an interactive computing service and expressly reserves Site Operator’s rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or any interactive features thereof.
6. COPYRIGHT NOTIFICATION.
Site Operator does not permit copyright infringing activities and other infringement of intellectual property rights on the Site or through the Services, and Site Operator will remove any content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content in any area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification (“Copyright Infringement Notice”) by providing Site Operator with the following information in writing:
7. TRADEMARKS.
The Site may provide links to other web sites or resources. Site Operator is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Site Operator provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply Site Operator’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and Site Operator does not accept any responsibility therefore.
8. DISCLAIMER OF WARRANTIES.
9. LIMITATION OF LIABILITY.
10. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Site Operator and its affiliates, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees, due to or arising out of, or in any way connected with your use of or access to the Site or any of the Services or the Content (including, without limitation, the posting of any User Generated Content by you or on your behalf), your violation of any part of the Terms of Use, or your use, or the use by any other person, of your Username or Password.
11. USER FEEDBACK.
Site Operator is pleased to hear from Users and welcomes your comments regarding the Site or the Services. If you send Site Operator your feedback, ideas and materials (collectively, “Feedback”), please understand that by submitting such Feedback to Site Operator, you irrevocably assign to Site Operator, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. Site Operator will be entitled to use such Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting Feedback, you represent to Site Operator that you have the right to do so.
12. SITE SECURITY.
Site Operator maintains physical, electronic and procedural safeguards and personnel policies that are designed to guard the Site, our systems and our customers’ personal information. For example, for the security of your online visit to the Site, Site Operator may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Site Operator strives to protect your personal information, we cannot ensure or warrant the security of any User Generated Content specifically or content generally you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Site Operator will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using any contact information you provide to us.
13. MODIFICATION, WAIVERS, INTEGRATION.
Site Operator may modify, add or remove any portion of the Terms of Use at any time and from time to time. Notification of such changes to the Terms of Use will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site or any Service covered by such Terms of Use after the posting of the modified Terms of Use constitutes your agreement to abide and be bound by such terms, as modified. Should you object to any modification, your sole recourse is to terminate your use of the Site or the Services. The Terms of Use may not otherwise be modified, except in a writing signed by both parties. Site Operator reserves the right to modify or discontinue the Site or the Services (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site or the Services. Site Operator shall not be liable to you or any third party in the event that Site Operator exercises its right to modify or discontinue the Site or the Services (or any portion thereof). Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services shall be subject to the Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. The Terms of Use (and in the case of Members, the Terms of Use and the applicable Member Agreement) constitute the entire agreement of the parties with respect to the matters contemplated hereby.
14. NOTICES.
Any notice or other communication required or permitted to be made under the Terms of Use may be delivered in person, by facsimile, by Thailand certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the Thailand mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of Site Operator, below, (ii) in the case of a Member, in the Member Data, or (iii) in the case of any other User, to the last address provided by such User (if any). Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of the Terms of Use, may alternatively be made electronically to the electronic addresses set forth (1) in the case of Site Operator, below, (2) in the case of a Member, to the e-mail address or other contact information included in the Member Data, or (3) in the case of any other User, to the e-mail address or other contact information last provided to Site Operator by such User (if any). Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. Site Operator may also broadcast notices or messages on the Site; and such broadcasts shall constitute notice to Users. When you visit the Site, use the Services or send emails to Site Operator, you are communicating with Site Operator electronically. You consent to receive communications from Site Operator electronically.
15. ASSIGNMENT.
You shall not assign or otherwise transfer the Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Site Operator’s prior written consent. Any attempted transfer or delegation by you without Site Operator’s consent will be void. The Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.
16. SEVERABILITY.
The invalidity or unenforceability of any one or more sections of the Terms of Use shall not affect the validity or enforceability of its remaining provisions.
17. GOVERNING LAW AND JURISDICTION.
All matters arising from or relating to the use and operation of the Site will be governed by and interpreted in accordance with laws of the Kingdom of Thailand, without reference to principles of conflicts of law. The parties hereto hereby submit to the non-exclusive jurisdiction of the courts of Thailand.
18. THIRD PARTIES.
he Terms of Use shall confer no rights upon any other party other than the parties hereto.
19. ACKNOWLEDGMENT.
You acknowledge that you have read and understand the Terms of Use, and that the Terms of Use have the same force and effect as a signed agreement.
PChome (Thailand) Co, Ltd. 191/54, 191/57 18 Fl. CTI Tower Rachadapisek Rd. Klongtoey, Bangkok 10110 Email: support@pchome.co.th