“Thabiland” Terms of Use

 

 

 

 

These Terms of Use (these "Terms") set forth the rights and obligations of NITTHAI PROVIDER CO.,LTD  (“NPC” or “we”) and User in relation to the User’s use of “Thabiland” service (“Service”) provided by us. Please read them carefully before starting use of the Service. These Terms govern User’s access and use of the Service. In order to use the Service, User must agree to these Terms. Any User who does not agree to these Terms, such User may not use the Service.

 

Article1. General Provisions

1.1 These Terms set forth conditions regarding the use of the Service and form a binding agreement in relation to the use of the Service (“Service Agreement”) between User and NITTHAI PROVIDER CO.,LTD, a corporation organized and existing under the laws of Thailand, having its head office at 786/15-16 Thonglor Tower, Thonglor 18, Sukhumvit Rd., Klongtan Nua, Wattana, Bangkok 10110. User shall comply with these Terms upon the use of the Service.

1.2 The Individual Provisions (as defined in Article3) are incorporated herein by reference and become a part of the Service Agreement. If there is any conflict between these Terms and Individual Provisions, Individual Provisions prevail.

1.3 If an individual who belongs to a certain organization applies for and uses the Service on behalf of the organization (including legal entities), the individual is deemed to have an authority to consent to these Terms and execute the Service Agreement with us on behalf of the organization; in such case, the organization is a party to the Service Agreement and shall comply with these Terms (in this case, “User” in these Terms refers to the organization).

 

Article2. Modification, Amendment, or Addition

2.1 We may, at our sole discretion, modify, amend, or add provisions to these Terms and Individual Provisions from time to time.

2.2 In the event of any modifications, amendment, or addition in these Terms, we will notify User of those modification, amendment, or addition by posting on our website or the Service, or other means determined by us.

2.3 If, after we notify User of those modification, amendment, or addition, the User uses the Service or do not terminate the Service Agreement within the term specified by us (if any), the User is deemed to have agreed to those modification, amendment, or addition of these Terms.

 

Article3. Definition

3.1 In these Terms, the following words and terms have the following meanings, unless otherwise provided herein:

(a) “Content” means any and all information and data, including, without limitation, video, images, photos, drawings, texts, audio, music, software, programs, source code, that can be accessed through the Service.

(b) “Individual Provisions” mean any terms or conditions posted or distributed by us in relation to the Service separately from these Terms and/or any provisions prescribed in application forms, contracts, and any other documents that are separately agreed between User and us (if any);

(c) “Intellectual Property Rights” mean patent rights, utility model rights, design rights, trademark rights, copyrights (including the rights of translation and adaptation and the rights of the original author in the exploitation of a derivative work), and any other intellectual property rights, domestic and international, including the rights to register these rights;

(d) “Menu Screen” means a screen displaying information on food, beverages, and other products provided by User that the User creates, edits, and manages on the Service;

(e) “Personal Data” means information that can directly or indirectly identify an alive individual as set forth in Thailand Personal Data Protection Act;

(f) “User(s)” means a business proprietor who agreed with these Terms and executed the Service Agreement with us;

(g) “Premium Service” means the services that User can use by paying fees hereunder.

 

Article4. Registration for Use

4.1 Any person or entity who desires to use the Service (“Applicant”) needs to apply for User registration in a manner designated by us. Upon the registration, Applicant shall agree to comply with these Terms and Individual Provisions. Applicant shall provide all information required by us (“Registration Information”) and shall not provide us with false information.

4.2 If we approve an Applicant's application for registration, we shall notify the Applicant of our approval, authentication information such as ID and password for using the Service (“ID Information”), and URL of the screen for creating, editing, and managing the Menu Screen (“Management Portal”), in a manner determined by us. Provided, however, we may, at our sole discretion, determine whether we approve the application. Even though an Applicant’s application is unapproved, we are not required to disclose to the Applicant the reason thereof.

4.3 The Service Agreement between User and us becomes effective at the time of notice of our approval to User (“Effective Date”).

4.4 If there is any error or change in the Registration Information, User shall promptly notify us of the error or change, or correct or amend it by itself, in a manner designated by us at the User’s own responsibility. User shall be solely responsible for any loss or damage incurred due to any falsity, error, or omission, or failure of change in the Registration Information; we are not liable in any way for such loss or damage.

4.5 User shall provide us with materials relating to the Registration Information upon our request.

4.6 User shall properly manage and store ID Information related to the Service at its own responsibility, and shall not allow third parties to use ID Information, or lend, transfer, sell, or otherwise deal with it. User shall bear all responsibility for any damage caused by inadequate management, errors in use, or use by a third party, of ID Information; we bear no responsibility for such damage whatsoever.

4.7 In the event User is aware of any unauthorized use of its ID Information or potential of it, User shall immediately notify us of it and take action in accordance with our instructions.

 

Article5. Term

5.1 The Service Agreement is valid for 1 year commencing from the Effective Date as prescribed in Article4.3, unless earlier terminated pursuant to the provisions provided herein; provided, however, if User applies for the Premium Service in accordance with Article 8, the Service Agreement will be valid for 1 year from the Premium Service Commencement Date (as defined in Article 8.2).

5.2 The Service Agreement will be automatically extended for additional term of 1 year each under the same conditions as those in effect on the end of the current term of the Service Agreement, unless either User or we notify the other party of its unwillingness to extend the term in a manner designated by us at least 15 days prior to the expiry of the Service Agreement; the same will apply thereafter. However, in the event that User using the Premium Service fails to pay fees for the next term by the due date specified by us, the User forfeits the right to use the Premium Service as of the end of the current term of the Service Agreement and will be thereafter entitled to use only the Service which is free of charge.

 

Article6. Handling of Information

We will treat any Personal Data which is provided by User or we collect upon the User’s use of the Service in accordance with the provisions of the Privacy Policy separately established by us; User hereby agree to such treatment of the Personal Data.

 

Article7. Provision of Service

7.1 During the term of the Service Agreement, User is entitled to use the Service in accordance with these Terms. The detailed functions of the Service and the supported environment must be specified separately on our website.

7.2 User shall, at its own responsibility and expense, prepare and maintain the environment necessary for the use of the Service, including hardware, software, the Internet connection, and security.

7.3 User hereby acknowledges and agrees that we may require User to satisfy certain conditions designated by us for the use of the whole or a part of the Service.

 

Article8. Fee

8.1 User may use the Service free of charge, except as otherwise provided in these Terms.

8.2 User may apply for use of the Premium Service to us in a manner designated by us. In such case, User may start using the Premium Service from when we notify the User of our acceptance of the User's application (“Premium Service Commencement Date”).

8.3 Unless otherwise provided in these Terms, User using the Premium Service shall pay to us fees for the Service (“Fee”), in accordance with the conditions such as amount, payment method, due date, and other related conditions prescribed in the Individual Provisions.

8.4 We may, at its sole discretion, modify the amount of the Fee, payment method, and other related conditions from time to time; in the event of any modifications, we will, in advance, notify User of it or publish the modifications in a manner determined by us. If User uses the Service after the notification or announcement of such modifications, or if User does not terminate the Service Agreement within the period specified by us (within 2 weeks from the date of notification or announcement, unless otherwise specified by us), the User is deemed to have agreed to such modifications.

8.5 In no event are we required to refund any of the Fee paid by User.

8.6 If User fails to make any payment hereunder within the due date, the User shall be responsible for overdue interest, to the fullest extent permitted by applicable law, on such overdue amount at the rate of 15% per annum, on a basis of 365 days, for the period from the following day of the due date up to and including the date of actual payment in full. Furthermore, the User shall compensate for all costs and damages incurred by us, including without limitation, debt collection costs and attorneys’ fees.

 

Article9. Menu Screen

9.1 User may access the Management Portal by using its ID Information and create, edit, and manage the Menu Screen on the Management Portal, in accordance with the provisions of these Terms and the Individual Provisions. User shall not use the Management Portal and Menu Screen for any purpose other than posting information on the products or services such as food and beverages provided by the User.

9.2 User shall, at its own responsibility and expense, obtain and use the Contents to be posted on its Menu Screen by purchasing, photographing, creating, and/or producing.

9.3 User shall comply with all applicable laws and regulations on the operation and management of its Menu Screen.

 

 

Article10. Advertisements

10.1 We may, at our sole discretion, post advertisements regarding our or third parties' products or services on the Service including on the Management Portal and Menu Screen; this does not apply to the Premium Service

10.2 With respect to the advertisements in the preceding paragraph, the advertisements might direct the viewers to websites or services operated by us or third parties other than the Service (“External Services”) through hyperlinks or other means. However, these Terms must apply only to the use of the Service and does not apply to the use of External Services. We are not in any way, directly or indirectly, responsible for External Services operated by third parties or for texts, images, and other contents of advertisements displayed on the Service.

 

Article11. Confidentiality

11.1 User shall maintain in confidence and safeguard all information which is disclosed by us and designated as confidential or secret by us and which is obtained by User in connection with the Service and designated as confidential or secret by us (collectively, “Confidential Information”).

11.2 User shall utilize the Confidential Information solely for the purpose of using the Service and performing the User’s obligation hereunder. User shall not disclose it to any third party without our prior written consent.

 

Article12. Ownership of Rights

12.1 User acknowledges that any and all Intellectual Property Rights and other rights and titles in relation to the Service and any information or data which we provide to User relating to the Service Agreement belong to us (or our licensor) and that we in no way grant User these titles or rights, unless otherwise expressly provided herein.

12.2 We grant User a license to use contents provided by us through the Service only to the extent necessary for the purpose of using the Service. User shall not use (including, without limitation, duplicating, altering, editing, or deleting) the contents beyond the scope as above without our prior consent. In addition, User shall not use such contents after the termination of the Service Agreement.

12.3 We acknowledge that all rights and titles, including Intellectual Property Rights, in relation to information or data that User provides us upon the use of the Service belong to User (or User’s licensor) (“User's Property”); provided, however, User hereby irrevocably agree that User grants us the right to indefinitely utilize the User's Property in any way, including, without limitation, reproduction, public transmission, rent, modification, translation, adaptation, sublicense, and exploitation of a derivative work, for the purpose of conducting, improving, advertising, or analyzing our businesses.

12.4 User hereby agree not to claim, assert, or exercise against us any Intellectual Property Rights and other rights, including authors’ moral rights, with regard to our utilization of such User's Property prescribed in Article 12.3.

 

Article13. Suspension and Termination

13.1 We may, without any prior notice to the User, (i) temporarily suspend or limit the User’s use of the Service or (ii) delete the information, in whole or in part, provided by the User on the Service (collectively, "Suspension of Use"), if User fall or are considered by us to fall under any of the followings:

(a) User fails to comply with any of the provisions of these Terms;

(b) any of the Registration Information provided to us, in whole or in part, is found to be false;

(c) User fails to make any payment hereunder on the due date and do not resolve such delay within 5 days from our request;

(d) any unauthorized payment regarding the Service is found;

(e) User is or has been subject to the Suspension of Use;

(f) we determine that the User is or are likely to be a criminal, a crime organization or a member thereof, or engaged in any exchange or involvement with, providing benefits to, or otherwise cooperating or involved in the maintenance, operation, or management of a crime organization;

(g) User does not respond to inquiries from us or other communications requiring User’s response for 7 days or more;

(h) we determine that there is a circumstance similar to any of the preceding items.

13.2 Under no circumstances are we liable or responsible for any losses or damages incurred by User arising out of the Suspension of Use or termination of the Service Agreement pursuant to this Article.

 

Article14. Disclaimer of Warranty

14.1 WE DISCLAIM ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, BENEFIT THAT USER MIGHT EXPECT, FUNCTIONALITY, MERCHANTABILITY, USEFULNESS, COMPATIBILITY, COMPLETENESS, INTEGRITY, ACCURACY, CONTINUITY, RELIABILITY, OR UTILITY, AVAILABILITY, ACCESSIBILITY, LEGALITY, OR THE ABSENCE OF SECURITY FLAWS, NON- ERRORS, NON-BUGS, NON-VIRUS, OR OTHER DEFECTS, AND NO INFRINGEMENT OF THIRD PARTIES’ RIGHTS IN THE CONTENTS AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES, UNLESS OTHERWISE EXPRESSLY PROVIDED BY US.

14.2 If a dispute arises with any third party in connection with its Menu Screen , its domain, or any of the use of the Service, User shall promptly notify us of it and resolve such dispute at User’s own cost and responsibility. If we deal with the complaints from or dispute with any third party in relation to the User, such User shall compensate us for any damages, losses, and expenses incurred by us due to the dispute.

14.3 We provide no guarantee of the completeness of the storage, backup, and restoration of information and data provided or uploaded by User on the Service. We assume no responsibility for any damage occurred by loss of information or data caused by the User's intentional or negligent acts or the intentional acts of a third party. User shall back up all the information or data at its own responsibility.

 

Article15. Modification and Discontinuation of the Service

15.1 We reserve the right to modify, amend, or add whole or a part of the contents of the Service at any time, without any prior notice to User.

17.2 We may, without any prior notice to User, temporarily discontinue to provide the Service, in whole or in part, if any of the following events occur:

(a) regular or urgent maintenance or repair of the hardware, software, communication equipment, or other related equipment or systems regarding the Service that is deemed necessary by us;

(b) system overload due to excessive access or other unexpected factors;

(c) system security or other issue that needs to be dealt with;

(d) telecommunications carriers do not provide their services;

(e) it becomes difficult to provide the Service due to Force Majeure as defined in Article25;

(f) we are required to discontinue to provide the Service by laws or regulations, judgments, decisions, or orders of court, or mandatory administrative measures;

(g) any other events similar to any of the preceding items.

15.3 We reserve the right to cease to provide the Service at its sole discretion. In the event we discontinue the whole of the Service, we will notify User of it 3 months in advance in a manner deemed appropriate by us, except for emergency case

15.4 We are under no circumstances liable for any damages incurred by User arising out of any modification, amendment, or addition of the contents of the Service, or the discontinuation of the Service pursuant to this Article.

 

Article16. Deletion of Information

16.1 We may delete data and all other electromagnetic records of User related to the Service stored on the server (“User’s Data”) without any notice to the User in the event of any of the following items:

(a) where we determine any Content posted on the User's Site falls or is likely to fall on the prohibited Contents set forth in each item of Article10 (Prohibited Contents);

(b) where the volume of User’s Data exceeds the server capacity;

(c) where we deem that User's Data includes or might include a computer virus or other harmful program, or data that might fall under them;

(d) other than the preceding items, where we reasonably determine necessary to delete User's Data in accordance with applicable laws or socially accepted norms.

16.2 In the event we delete User’s Data in accordance with the preceding paragraph, in no way are we liable for any damage incurred by User.

 

Article17. Termination by User

17.1 Unless otherwise expressly provided in these Terms, User may terminate the Service Agreement at any time in accordance with the procedure separately set forth by us.

17.2 In the event User apply for termination of the Service Agreement pursuant to the provisions of the preceding paragraph, the termination, in principle, becomes effective on the date 30 days from the application date; provided, however, in no event are we required to refund any of the Fee paid by the User.

 

 

 

Article18. Termination by NPC

18.1 if User falls or is considered by us to fall under any of the followings, we may, without any prior notice, terminate the Service Agreement with the User:

(a) if User fails under any of the items of Article15.1;

(b) if User forfeits its right to use the Service in accordance with Article15.2;

(c) if User files a petition or has a petition filed against it by any person or entity for bankruptcy, civil rehabilitation, sale by public auction, or similar procedure, or if User files a petition or has a petition filed against it by any person or entity for corporate rehabilitation, special liquidation, or similar procedure (in the case of entity);

(d) a resolution for dissolution, a merger, partition of business, or other fundamental change of the business structure has been made in User (in the case of entity);

(e) User does not respond to inquiries from us or other communications requiring User’s response for 30 days or more;

(f) other than the preceding items, we determine that User’ use of the Service is inappropriate.

18.2 Upon the occurrence of one or more of the events prescribed in the preceding paragraph, all unpaid amounts owed to us by User become immediately due and payable; User shall immediately pay to us such amounts in full.

18.3 Under no circumstances are we liable or responsible for any losses or damages incurred by User arising out of the termination of the Service Agreement pursuant to this Article.

 

Article19. Effect of Termination

19.1 Upon the termination of the Service Agreement for any reason, User shall forfeit all of the right in relation to use of the Service.

19.2 User will not be relieved of any and all obligations and liabilities accrued under these Terms even after the termination or expiry of the Service Agreement.

19.3 User hereby acknowledges and agrees that we are not required to retain any information or data provided by User or collected by us upon the use of the Service after the termination or expiry of the Service Agreement.

 

Article20. Survival

Article11, Article12, Article14, Article19, Article20, Article22, Article23, Article24, Article25, Article30, and any other provisions that, by their nature or terms, are intended to survive will survive the expiration or termination of the Service Agreement for any reason.

 

Article21. Indemnification

21.1 User shall defend, indemnify and hold us harmless, to the extent permissible by applicable laws, from and against any and all actions, liabilities, obligations, damages, and losses including, without limitation, settlement costs, attorneys’ fees, litigation costs, and other reasonable expenses, arising out of (i) User’s breach or default of any provision hereof and/or (ii) User’s intentional or negligent act in relation to the use of the Service.

21.2 User hereby acknowledges and agrees that a breach of User’s obligations hereunder might cause irreparable harm to us and that the remedy or remedies at law for any such breach might be inadequate, and that, in the event of such breach, in addition to all other available remedies, we are entitled to an injunction restraining any breach and requiring immediate and specific performance of the obligations.

 

Article22. Limitation of Liability

22.1 In case, despite of the other provisions herein, we are obligated to compensate to User for damages, losses, or expenses pursuant to applicable laws, our total liability on any claim, whether in contract, tort or otherwise, arising out of or in relation to these Terms in no event exceeds the total amount of the payment actually paid by User to us under these Terms; provided, however, this does not apply where such claim arises from our intentional or gross negligent conduct.

22.2 Notwithstanding anything contained herein, we are in no event liable for incidental, consequential, indirect, or special damages, including, without limitation, damages for loss of revenue and punitive damages, even if we are notified of the possibility of such damages.

 

Article23. Force Majeure

We are not liable for any delay or failure in the performance of any obligation under the Service Agreement in the event that such delay or failure is caused by force majeure (“Force Majeure”), including but not limited to, acts of God, war, threat of war, warlike conditions, hostilities, mobilization for war, blockade, embargo, detention, revolution, riot, port congestion, looting, strike, lockout, plague or other epidemic, fire, typhoon, earthquake, flood or accident, or acts of governmental or quasi-governmental authorities or any political subdivision or department or agency thereof not due to our fault, or any shortage or curtailment of labor or materials or intercept or discontinuation of transportation or utility not due to our fault, or any labor trouble at the place of our business or our suppliers, or any other cause beyond our control.

 

Article24. Notice

24.1 Unless otherwise provided herein, we may give to User a notice or any other communications from us concerning the Service by posting on the Service, the website operated by us, email, or in other manner determined by us.

24.2 Unless otherwise provided herein, User shall give to us a notice, inquiry, and other communications relating to the Service by using the e-mail address included in the Registration Information or in other manner designated by us. We may deem any notification from such e-mail address as a notification from the User or Applicant.

24.3 In the event that we send a notice, inquiry, or other communication to the e-mail address or other contact information included in the Registration Information, the User is deemed to have received such notice, inquiry, or other communication.

24.4 Contents, business hours, or other details of our supports relating to the Service are separately determined by us.

 

Article25. No Assignment

25.1 In no event may User sell, assign, or otherwise, by merger or by corporate divide, mortgage, pledge, or otherwise encumber, or deal with, this Service Agreement or any right or obligation hereunder, in whole or in part, to any third party without our prior written consent. Any attempt to do so in contravention of this Article is void and of no force and effect.

25.2 User hereby agrees that if we assign or transfer our business in relation to the Service to a third party (“Business Assignment”), we may transfer any and all of our titles, rights, and obligations hereunder and all information obtained by us in relation to the Service to the third party. For the avoidance of doubt, the Business Assignment includes the comprehensive succession due to the merger, company split, or other rehabilitation in which we become a disappearing company or a splitting company.

 

Article26. Waiver

Our failure at any time to require User’s performance of any responsibility or obligation hereunder in no way affects the full right to require such performance at any time hereafter. Nor do our waiver of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision hereof or constitute a waiver of the responsibility or obligation itself.

 

Article27. Severability

If any provision of these Terms is deemed illegal, invalid or unenforceable in any jurisdiction, such provision is deemed null and void, but these Terms remains in force in all other respects.

 

Article28. Headings for Reference Only

All headings used in these Terms are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms or any clause or provision hereof.

 

Article29. Controlling Language

These Terms is drawn up in the English language. These Terms might be translated into any language other than English; provided, however, the English text prevails in any event.

 

Article30. Governing Law and Jurisdiction

30.1 The Service Agreement is governed and construed in accordance with the laws of Thailand, without regard to its conflict of law rules.

30.2 We and User hereby consent to and confer the exclusive jurisdiction upon the court located in Bangkok over all action or proceedings arising out of or relating to the Service Agreement.

 

Article31.Purpose or reason for the store to collect personal information of customers

To be used as search information If the service is used multiple times without having to ask for customer information every time And if there is a discount or promotion, details will be sent to customers.

 

Article32.Cancellation and Refund Policy

If the customer has already made a reservation Reservations can be canceled 1 day before the date of use and must not be later than 15:00, full refunds will be made.


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