Terms conditions & Privacy Policy
INTRODUCTION
Important Notice:
Please read these Terms & Conditions and our Privacy Policy carefully
before using or accessing our Services.
Whenever you access
or use the Services, you agree to be bound by all Terms & Conditions and
Privacy Policy of our Services. Should you do not agree to all Terms &
Conditions and our Privacy Policy, you must not access or use our Services.
References to Hipowershot or We shall mean Hipowershot (Thailand) Co., Ltd.
DEFINITIONS
Account means an account you create or sign up when you access and/or use the Services.
Services or Our Services refers to services, products, softwares, contents provided by Hipowershot and/or Hipowershot
corporate companies, entities, and our affiliates.
Terms & Conditions or Terms means
these terms, conditions, and obligations of services. Your Content means all the data that you upload, transmit, or made available on or through
your access or use of the Services. Hipowershot Affiliates refers to the Hipowershot and Hipowershot corporate companies plus our third party
content providers, licensees or licensors, and distributors. USING OUR SERVICES You may NOT use our Services if: You are under the age of 13, in which
case you must not create an Account, access or use any part of our Services, or
submit any information through our Services, particularly your personal
information. If you are between
the ages of 13 and 17, or under the age of majority under the state or
jurisdiction where you reside, upon your access to our Services, you shall
hereby represent that your regal guardian has agreed and consented to these
Terms and Conditions and our Privacy Policy. CHANGES TO THE TERMS & CONDITIONS AND LIMITATIONS We reserve the
rights, at our discretion, to stop offering and/or supporting the Services, to
make changes or provide additional features or any updates to the Services as
well as the Terms and Conditions and our Privacy Policy at any time either
temporarily or permanently. Should there be any losses incurred as a result of
such actions, please note that we are under NO obligation to compensate you for
such relevant losses or results. As
the Service is evolving, from time to time, we may make you update your
software to continue using our Services. We may carry out these changes or
updates remotely without notifying you. ACCOUNT INFORMATION AND LICENSE AGREEMENT To access or use our
Services, you may be required to create an account with us. Our Services are
offered to you under a license together with your acceptance upon such license
agreement. The license granted to you is a limited, non-exclusive,
non-transferable, non-sublicensable license. You are prohibited to distribute
or make our Services available to anyone else. You are not allowed to rent,
lease, lend, sell, redistribute or sublicense our Services. Please be aware that
you are responsible for maintaining the security of your Account. We highly
advise that you do not share your Account details with others or authorise
others to access or use your Account. It is important to note that you are held
solely responsible and liable for any activity generated within your Account WHETHER
OR NOT AUTHORISED BY YOU. You must notify us
promptly of any actual or suspected unauthorised access or use of your Account
and/or other relevant Account details and information. On such events, please
contact us to email. SCOPE OF LICENSE AND OUR INTELLECTUAL PROPERTY RIGHTS With reference to the
terms of license agreement specified above, it is essential to note that you
are prohibited from renting, leasing, lending, selling, redistributing, or
sub-licensing the licensed Services, applications, softwares, or any products
deemed to be in connection with Our Services. In addition, you shall agree to
refrain from copying (unless expressly permitted by this License), decompiling,
reverse engineering, modifying, or producing derivative works of such licensed
applications, any updates, or any part thereof. More importantly, with regards
to commercial uses such as commercial copying or distribution, publication or
any form of exploitation of Our Services, or any content, softwares,
applications, codes, data or materials available upon your access to or your
uses of our Services shall be strictly prohibited unless you have acquired
express prior written consent/permission from us or from the applicable and
lawful rights holders. Any attempt found to be in
violation of our rights may give rise to a breach of these set out
restrictions. Consequently, you may be subject to prosecution and damages. Note that the terms
and scope of the license shall govern ANY
changes or updates made by us that replace and/or act as a supplement to our
Services, except for the case that such alterations are accompanied by a
separate license issued by us, in which circumstance the terms and conditions
of the specific license shall govern. ACCOUNT
DEACTIVATION You may end your access and use of our Services
at any time. You may also make a request that we stop active use of your data
at any time by following the instructions set out in our Privacy Policy. If you submit,
transmit, display or upload any data, information, media or any content vis-à-vis
your uses of our Services (Your Content),
you agree and understand that: Your Content shall be accurate, not
confidential, not in violation of the laws and in compliance with our Privacy
Policy; You shall continue to own and shall
be held liable for Your Content; You consent to us and/or our
affiliates your perpetual and irrevocable, worldwide, non-exclusive, free of
charges and royalty-free license for our access and uses of Your Content.
YOUR CONTENT
You agree and give us and/or our affiliates your consent to make any changes, variations and modifications and/or to utilise Your Content in association with the Services, including product development, marketing and promotions.
Should you wish to
make a request upon the deletion of Your Content, we shall take reasonable
steps to comply with such request. You shall agree and understand that it may
take some time, due to technical, administrative and other related limitations,
to take down such requested content and in a given extraordinary case, it may
not be possible for us to accommodate such request. Also, we may retain copies
of Your Content in the event where it is legally required to do so.
ADVERTISING CONTENT
Our Services may
feature advertisements from Us, Our Affiliates, or other third parties or
companies. Any charges or obligations you take upon dealing with these contents
shall be at your own expense and responsibility. Please refer to our Privacy
Policy for more elaborate details.
It should be noted that any charges or obligations you take on upon interacting with these other third parties are under your sole responsibility and liability. We shall make no representation or promises about any contents, services, softwares or related products provided by these other companies, even if linked to or from any means of our Services. We also do not endorse or validate for such third parties contents and materials. We are not liable or responsible for any claims in connection with any content, products or services offered or made available to you by the acts of these third parties.
Please also be aware that such third contents or materials may collect your data or request you to provide them with your personal or other relevant information. We are NOT responsible for any of these other third parties contents and we are under NO obligations or liability with regards to how they collect, use or share the information they retain from you.
WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN AS IS BASIS
Duly note that
NEITHER US nor OUR AFFILIATES makes any promises or guarantees that Our
Services shall be uninterrupted, timely, always accessible, secure, damage-free or error-free. The Services and
any related products such as applications, softwares, materials and contents
are provided and presented to you on an as is basis WITHOUT
WARRANTY OF ANY KIND, whether
expressed or implied.
Hipowershot together with
Our Affiliates shall take NO responsibility and shall not be subject under any
liability for any of Your Content that you and/or any other user or third party
uploads, transmits or posts using Our Services. Furthermore, you shall
understand and agree that any content or material downloaded, uploaded or
otherwise acquired from or through the access and/or usage of Our Services is
conducted at your own risk and that it is done solely upon your discretion.
Accordingly, you may be exposed to contents and other related products arising
from the use and access of or through Our Services that is or may be
inaccurate, inappropriate, unlawful, objectionable, or otherwise unsuited to
your purposes of usage.
Should you have any
concerns or inquiries regarding particular content or any aspect of Our Services,
please refer your request to support@Hipowershot.co.th
LIMITATIONS: WAIVER OF LIABILITY
You herby understand
and acknowledge that Hipowershot and Our Affiliates are not subject under any legal
liability or responsibility with respect to any direct, indirect, incidental,
consequential, or any losses or damages arising out of or in correlation with
the use of or inability to use Our Services.
We and Our Affiliates
also do not assume any responsibility or legal liability for the completeness,
usefulness, or the accuracy of any information, products, applications,
softwares, or contents disclosed on Our Services, or other third party contents
or transactions accessible or made available from or through accessing and/or
using the Services notwithstanding whether we have been advised of the
possibility of such losses or damages. Should you feel dissatisfied with any
parts of Our Services, or with any of the Terms & Conditions and our
Privacy Policy, it shall be your sole and exclusive right to discontinue using
Our Services.
INDEMNITY
You are well-informed
and shall fully understand and agree to indemnify, defend, and hold Hipowershot, Hipowershot
Affiliates, its directors, personnels, suppliers, licensors, and any third
party content providers, from and against any damages, expenses, losses,
claims, demands, actions and liability arising out of or due to your access
and/or uses of Our Services, your violations of these Terms, or your breach of
any rights of another/others.
Please be well aware
that these aforementioned terms and obligations shall survive and prevail over
any termination of your relationship with us or Our Affiliates or upon the end
of your access or use of Our Services. We shall reserve the rights to assume
absolute defence and control of any matters subject to indemnification by you.
Wherever and whenever it is deemed necessary and appropriate, you shall provide
your cooperation with Hipowershot and Our Affiliates upon asserting any available
defences and/or claims.
APPLICABLE LAW AND JURISDICTION
The Terms &
Conditions including our Privacy Policy, the license agreement, the agreement
to arbitrate and our legal relationship arising upon your acceptance and
agreement set out amongst these terms shall be governed by the law of the
Kingdom of Thailand, without respect to its conflicts of laws principles. Upon
commencing our contractual agreement, we shall both agree to submit to the
personal jurisdiction of the Kingdom of Thailand, for any actions which do not
subject to Arbitration.
AGREEMENT TO ARBITRATE
It is highly advised
that for any disputes, conflicts, claims or controversy arising from or out of
your access or use of Our Services, or any incidents arising out of, in
connection with, or relevant to the Services, terms and obligations, should be
brought to our attention first prior to the proceeding of arbitration.
You shall understand
and accept that any disputes, conflicts, claims or controversy you may have
with us and Our Affiliates shall be resolved by the mean of arbitration. Each
party shall be responsible for paying any expenses, charges, or fees in
relation to the use of arbitration. The arbitration proceedings shall be
administered by the Alternative Dispute Resolution Office of the Office of the
Judiciary of Thailand under the Administered Arbitration rules, which shall be
put in effect and be enforced and implemented when the Notice of Arbitration is
submitted and served. The seat of the arbitration shall be the Kingdom of
Thailand. There shall be ONE
arbitrator ONLY and
the arbitration proceedings shall be conducted in Thai.
All claims must be brought in the light of the parties as a class member in any purported class or representative proceeding. You shall accept and agree that upon entering into these terms and obligations, you are hereby waiving the right to trial by court or to participate in any claims of class action.
TERMINATION
The Terms shall
continue to apply and prevail until terminated by either you or us. You may end
your legal agreement with us at any time for any or no reason by deactivating
your account(s) and/or discontinuing your access and use of Our Services.
Should you stop access and/or using the Services without deactivating your
account(s), please note that your account(s) may be deactivated by us due to
prolonged inactivity.
It is important to
note that we may cease or terminate your account(s) or stop providing you with
all parts of Our Services at any time for any or no reason on the grounds,
including but not limited to, as follow:
If we
reasonably believe you are in breach of these Terms;
If we
reasonably suspect that you are employing Our Services to violate the law or
conduct any actions that can be amounted to violation of rights;
If you
create risk or pose any possible legal exposure, harm, losses or damages to us;
If you
are or may be trying to unfairly exploit or abuse any of our Terms and policies;
If we
reasonably suspect that you are utilising any of our Services fraudulently;
If we
reasonably suspect that your account is compromised and being used by a third
party fraudulently and/or unlawfully.
Where and/or when it
is reasonable, appropriate and practicable, we shall notify you with regards to
such suspension or termination.
GENERAL
Your access to or use
of Our Services, as well as these stipulated Terms, shall be governed by the
laws of the Kingdom of Thailand. You also agree to submit to the exclusive
jurisdiction of the Thai courts.
Our failure to insist
upon or enforce due performance of any provisions of these Terms shall NOT be assumed, interpreted, implied or
construed as a waiver of any provisions or rights. Should any part of these
Terms and obligations is found to be unenforceable, the unenforceable part or
clause shall be granted effect to the greatest extent possible and the
remaining shall remain in full force and effect.
Please note that we
may revise or make variations to these Terms from time to time. By continuing
to access or use Our Services, you shall understand and agree to be bound and
subject under the revised Terms. If you do not agree to the new revised terms,
please stop using Our Services. Should you have any concerns or inquiries
regarding these Terms, please contact us promptly.
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