Terms and Conditions of Use
Terms and Conditions specified herein (hereinafter referred to as the “Terms and Conditions”) demonstrate the terms between mTouche (Thailand) Co., Ltd. (hereinafter referred to as the “Company”) and user (hereinafter referred to as the “User” or “Users” depend on the context) in relation to the use of services provided by the Company (hereinafter referred to as the “Service”).
1. Definitions
1.1 “Application” means program and software provided by the Company, which the User have installed on their computer, mobile phone or tablet by consent of the User, and shall be part of the Service. 1.2 “Content” means data, for examples, messages, photos, videos, audio files, animation, applications, and other similar items. 1.3 “Content from Services” means content accessible by the Service. 1.4 “Content from the User” means content that User have sent, transmitted, or uploaded by the User through the service. 1.5 “Activity” means any act conducted by the User through the Service.
2. Acceptance of and Agreement to the Terms and Conditions
2.1 Users shall accept and agree to the terms specified in the Terms and Conditions, in order to be able to use the Service. Such acceptance shall be valid and irrevocable in any cases. 2.2 Minor users are able to use the Service if the consent is given by their guardians only. Such acceptance shall be valid and irrevocable in any case. The guardian shall be responsible for any activities or contents from the minor users. 2.3 The use of Service by the user shall be deemed as accepting the terms and conditions. Such acceptance shall be valid and irrevocable in any case. 2.4 If any amendment or addition is made to the terms or the conditions of use, Users shall comply with such amended terms and conditions.
3. User Account and Service Usage
3.1 Users, when create an account or makes any changes to the account, Users shall provide genuine, accurate and complete information to the company while using the Service. Users shall keep their data updated at all time. 3.2 When Users create password, Users shall be responsible for the use of such password if it is used in illegal manner. The Company considers the activities associated with such password as conducted by the owner of the password or that of the account in all respects. 3.3 Any registered User to the Service may delete his/her account and withdraw from using the Service anytime at its own will. 3.4 The Company may suspend, cease the right of use or delete tUsers’s account without prior notice, if the company believes or informed that the user violating or has violated the terms and conditions, or breach any law, or the account has been inactive for a period of 1 year from the date of last access. 3.5 Users’s rights to use the services shall expire when their account has been deleted, whether by the Company or the User. Those deleted account cannot be reactivated. 3.6 The User’s account is for an exclusive use and belong solely to the owner of the account. Users shall not be able to transfer or change the owner of account. The use of services through the User’s account, whether by the owner or any person, shall be deemed as used by the account owner. The account owner shall be responsible for all activities related to Service. 3.7 The company reserves the right to limit the access to the Service, whether in whole or in part, without giving prior notice to Users. 3.8 The company reserves the right to change, terminate or suspend the Service, whether in whole or in part, without giving prior notice to Users. 3.9 The company may offer other contents or services provided by business partners of the Company to Users. Such business partners shall be solely responsible for those contents and/or services. Users may have to accept the terms and conditions set forth by such business partners. 3.10 The company reserves the right to display advertisement in any form to the user through the Service provided by the company, for example, messages, photos, videos, for the benefit of the Company or its business partners.
4. Contents
4.1 Any contents of the Company is for the purposes of the use of the Service and to access to the content from the Service only. The company grants the User to access the content when using the services. Such accessible right given to Users is non-exclusive and non-transferrable. The Company has ownership over intellectual property rights and other rights of the accessible content by the user when using the services. 4.2 Access to the content when using the Service provided and permitted by the company shall be pursuant to the objectives of the service. Users shall not be able to use such contents for other purposes, including but not limited to copying, modification. 4.3 The services may include features that allow Users to post, correct, and delete any item. In such a case, The User who posts its own content shall permit other Users to edit such contents. 4.4 Contents from Users, which have been transmitted through the Service, shall be deemed as Users’s responsibility. The Company reserve the right to review contents from Users if the company believes that the content from Users may be illegal or breach any terms and conditions, the Company may delete or remove such contents from the service within 24 Hours. However, the Company shall not be under any duty to undertake such review. 4.5 Users shall permit other Users to edit or copy the content transmitted through the Service. Such edited or copied content, and has been transmitted through the Service by other Users shall be deemed as a content from the User who made such editing or copying. 4.6 The User who transmits the content through the services shall grant the right with non-exclusive, unlimited, royalty-free, worldwide with the right to sublicense such content to other third parties for an indefinite period, to use such content. In the regards that Users still remain all rights of the content and the Company shall not receive any rights of such content. 4.7 If the company believes that Users or the content from the User is illegal or may be illegal, or inconsistent with the terms and conditions, the company reserves the right to revoke the User’s right to use the content from the user in some aspect, for example, deleting the content from the user without prior notice or permission from the user. 4.8 The Company does not impliedly guarantee that the Service and contents of the Service are free from de facto or legal flaws, including but not limited to instability, incompletion of the content, defect of the services, technical error, or violation of any rights. The Company shall not be responsible for providing the Service without such defects.
5. Restrictions on Activities
Users shall not engage in the following when using the Service. 5.1 Illegal activities and those violate the law. 5.2 Activities which is inconsistent with public order or public morals, or those which incite violence or encourage conflict among groups of people, or those with anti-social, discrimination against religion, sex, race, nationality, skin colour or national origin; 5.3 Activities which violate intellectual property rights of the Company or its business partners; 5.4 Activities which intent to publish fake information or that intended to create misunderstanding to the Company or its business partners; 5.5 Activities which provide services for gambling, supporting or provide information about gambling, sales, marketing, advertisement, invitation or other commercial purposes; 5.6 Activities which intervene the operative system and services provided by the company; 5.7 Other activities which the company finds that they are likely to be illegal or inappropriate.
6. Responsibility of the User
6.1 The user shall use these services on the basis of its consent, and shall be solely responsible for activities and their consequences to these services. 6.2 The user shall be responsible for computer, mobile phone or tablet, in which the user installs the application provided by the Company, as well as responsible for procuring network connection for transmitting data when using the Service on its own expenses. 6.3 The company may apply measures as necessary to prevent Users’s activities, or suspend or revoke the permission to use the services if the company finds that the user is using the services in a manner inconsistent with the terms and conditions. However, the company shall not be responsible for amending or protecting such inconsistency against other parties. 6.4 In the case where damage is incurred to the Company, or the Company receives a bill calling upon its payment of any expenses, or a lawsuit is filed against the company due to illegal activities or those inconsistent with the terms and conditions conducted by the user, the user shall compensate for such damages to the Company in full pursuant to the actual damages incurred.
7. The Company’s Exemption of Liability
In any case, the Company shall not be responsible for any damages incurred to Users when using the services, whether direct or indirect damages, and whether by negligence of or violation by the Company.
8. Notification and Contact
8.1 When the company notify or contact Users regarding the Service, the Company may use an e-mail or a method that the Company considers appropriate, such as posting on website operated by the Company. 8.2 When Users notify or contact the Company regarding the Service, Users shall use e-mail specified in the website operated by the company.
9. Governing Law and Jurisdiction
The Company has set the terms and conditions of use in Thai version as the original version. The Company may also provide translations in other languages for convenience in communicating with Users.. In case there of conflict between the Thai version and the translation. The provisions in the Thai version shall prevail over any other translation. These terms and conditions shall be governed by the law of Thailand. Any dispute shall be under the jurisdiction of Thai courts.