“Account” means an account created by a User on the Software Application as part of Registration.
“Register” means to create an Account on the Software Application, and “Registration” means the act of creating such an Account.
“Services” means all the services provided by Kasemsubsiri Co., Ltd., its employee, affiliate or contractor via the Software Application to Users, and “Service” means any one of them.
“Users” means users of the Software Application, including you and User means any one of them.
3. General issues about the software application and the services
3.2 Location: The Software Application, the Services are intended solely for use by Users who access the Software Application in Thailand.
We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of Thailand.
Notwithstanding the above, if you access the Software Application, use the Services or make any Redemptions from locations outside Thailand, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.3 Scope: The Software Application, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes.
3.4 Prevention on use: We reserve the right to , temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Software Application or Services without serving prior notice and reason to you, including prevent you using the Software Application and the Service (or any part of them) and to prevent you from making any Redemptions.
3.5 Equipment and Networks: The provision of the Services and the Software Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Software Application or the Services or make any Redemptions.
To use the Software Application or Services or to make Redemptions, you will require Internet connectivity and appropriate telecommunication links.
You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) or internet service provider (“ISP”) will continue to apply when using the Software Application.
As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Software Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
3.6 Permission to use Software Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Software Application, you will be assumed to have received permission from the bill payer for using the Software Application.
3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Software Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
3.8 Third-Party Content: The Software Application may contain links to independent third-party websites or other applications (“Third Party Sites“). You are aware that Third Party Sites are not under our control, and you agree that we shall not be responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.
3.9 Updates: From time to time, any update to the Software Application may be available through the app store download . Depending on the update, and whether you utilized whichever app store to download and access the Software Application, you may not be able to use the Software Application until you have installed the latest version.
4.1 Need for registration: You must Register to make a Redemption from the Software Application.
4.4 Responsibility for Redemptions of perishable products of Samples: Each Merchant shall be responsible to ensure that any of its products or Samples for Redemption that are perishable has not expired.
4.5 Restrictions: (a) Reproduction, sale, resale or trading of any products or Samples or Redeemed products is prohibited. (b) If any product or Sample is Redeemed for less than its face value, there is no entitlement to a credit, cash or Sample equal to the difference between the face value and the amount Redeemed. (c) Redemption of products or Samples is subject to availability of the relevant Merchants’ stocks.
4.6 For the avoidance of doubt, we shall not be liable for any losses or damages suffered by you resulting from a failure by the relevant Merchant to fulfil any Redemptions in accordance with Clause 4.4 or for a failure by the postal or delivery service provider to deliver any products or Samples to you due to the unavailability of such products or Samples pursuant to Clause 4.5(c).
4.7 Lost/stolen Samples: Neither we nor any Merchant shall be responsible for lost or stolen Samples or products that have been Redeemed.
5. Location alerts and notifications
You agree to receive pre-programmed notifications (“Location Alerts”) on the Software Application from Merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
6. Your obligations
6.2 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Redemption relates to, as may be amended from time to time.
6.3 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
6.4 Content on the Software Application and Service: It is your responsibility to ensure that any products, Samples or information available through the Software Application or the Services meet your specific requirements before making any Redemption.
6.5 Prohibitions in relation to usage of Services or Software Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Software Applications:
6.5.1 to send or receive any material which is not civil or tasteful;
6.5.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
6.5.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.5.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.5.5 to cause annoyance, inconvenience, or needless anxiety;
6.5.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.5.7 for a purpose other than which we have designed them or intended them to be used;
6.5.8 for any fraudulent purpose;
6.5.9 other than in conformance with accepted Internet practices and practices of any connected networks;
6.5.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
6.5.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.6 Prohibitions in relation to usage of Services, Software Application: Without limitation, you further undertake not to or permit anyone else to:
6.6.1 resell any products or samples;
6.6.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
6.6.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan;
6.6.4 execute any form of network monitoring which will intercept data not intended for you;
6.6.5 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.6.6 extract data from or hack into the Software Application;
6.6.8 engage in any unlawful activity in connection with the use of the Software Application or the Services; or
6.6.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Software Application or Services
7. Rules about use of the service and the software application
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Software Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
7.2 We do not warrant that your use of the Services or the Software Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Software Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Software Application, access to the Services and the Software Application may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Software Application are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Software Application from time to time. Your access to the Software Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Software Application at any time.
8. Suspension and termination
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Software Application; (b) suspend your use of the Services and/or Software Application; and/or (c) suspend the use of the Services and/or Software Application for persons we believe to be connected (in whatever manner) to you, if:
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person; or
8.4.4 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. Disclaimer and exclusion of liability
9.1 The Software Application, the Services, the information on the Software Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Software Application and its contents, including in relation to any inaccuracies or omissions in the Software Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 We do not warrant that the Software Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Software Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.5 While we may use reasonable efforts to include accurate and up-to-date information on the Software Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
9.6 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Software Application and the services offered in the Software Application, your access to, use of or inability to use the Software Application or the services offered in the Software Application, reliance on or downloading from the Software Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.8 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.9 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Software Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
11. Intellectual property rights
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Software Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on the Software Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Software Application without our written permission. Misuse of any trademarks or any other content displayed on the Software Application is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
12.1 We may periodically make changes to the contents of the Software Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Software Application.
13. Applicable law and jurisdiction
13.1 The Software Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Software Application both you and we agree that the laws of the Kingdom of Thailand, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Software Application.