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Terms and Conditions of Services

 

These Terms and Conditions of website  https://www.wongnai.com and/or “Wongnai” application (hereinafter collectively referred to as “Website”) is made by and between Wongnai Media Co., Ltd. (“Wongnai”) of one part, and users of the Website (“User”) of the other part. The User shall also include users who subscribed to the Website and those who did not subscribed to the Website. This Website provides many services such as the services of searching and looking up to information of restaurant, beauty salon, spa, or beauty clinic; the services of posting reviews and uploading pictures to share to and be commented by other User; the services of Facebook and Twitter connection to share interesting information to friends, or third parties; purchasing deal or voucher; Massage at Home and etc. The services provided in this Website are subject to these Terms and Conditions.

 

However, by accessing and using this Website, the User is deemed to have already read and fully understood the Terms and Conditions of Wongnai, as well as agreeing to comply with and be bound by these Terms and Conditions.

 

1. Subscription

 

For the completed usage of the Website, the User can subscribe to be a member of Wongnai by registering in the Website. However, Wongnai reserves the right to refuse registration of certain individual, and Wongnai is entitled to cancel the subscription or terminate the services of all User at anytime such as in the event of the violation of this Terms and Conditions, or the selling, trading, or transferring of member account to other party, and etc.

 

This Website is not permitted for users who are under 13 years of age, or the persons whose account had already been terminated, or other cases as Wongnai deems proper. In the event of violation of this provision, Wongnai reserves the right to cancel the subscription or suspend the services of the User at any time.

 

2. Website’s Services Usage

 

The User agrees and accepts that the User’s usage of this Website shall be in accordance with the law and subject to the terms of this Terms and Conditions. In no event shall the User do the following:

 

violating or defaming the nation institution, religion institution, or royalty institution;

transmitting or posting defamatory, vulgar, obscene, sneaky, vilify, coercive, fake, or threatening statement to other users or third parties;

modifying, adapting, translating, or reversing the engineer section of the Website, or reproducing any part of the Website, whether by yourself or allowing third parties to do so. The User must not infringe any copyright, trademark or any other intellectual property of Wongnai or other users. In addition, the User must not attempt to collect data of other users, restaurant information, location and maps or pictures that Wongnai and the members of the Website created, including pictures, background images and icons for any whatsoever purpose unless permitted in writing from Wongnai;

publishing any statement onto the Website that is expressed or implied to be sponsored or endorsed by Wongnai without prior written permission;

reproducing, reprinting, modifying, downloading, uploading, posting a notice, disseminating, or making appear to the public of illegal or immoral works without prior written permission from Wongnai;

infringing any intellectual property right of Wongnai or any third parties, including but not limited to copyright, patent, trademark, trade secret, or other intellectual property in any whatsoever means;

deleting or amending the right management information, which is an information attached or shown in contents or any works in the Website to identify the author of the work, the work, or the copyright owner such as company’s name, author’s name, watermark, number or code, etc., as well as disseminating any contents or works whose right management information had been deleted or amended in the Website;

downloading, uploading, posting a notice, or doing anything to illegally exploit contents or work from this Website without prior written permission from Wongnai and/or post or do anything to make texts appear that cause damage to Wongnai, members of Wongnai, internet users, and/or third parties;

download, upload, post a notice, send an E-mail, or do anything that would interrupt or intervene the process of computer system by transmitting computer virus or computer program in any forms that are designed to obstruct, destroy, or limit the operation of computer system, computer hardware, or communication software of members of Wongnai, internet users, and/or third parties;

using computer software to obstruct, intervene, or disturb the operation or services of Wongnai or third parties’ computer or computer system such as the use of Trojan Horse, Time Bombs, etc. The User shall not intentionally attempt to heavily load to the Website that may be harmful to the service of the Website without reasonable cause;

doing anything that would be a violation of the notification or policy of Wongnai as specified in these Terms and Conditions and/or any amendment as amended by Wongnai in the future.

In the event of any violation of these Terms and Conditions, Wongnai is entitled to immediately suspend its services to the User without any prior notice, and/or take legal action against the User as Wongnai deems proper.

 

3. Wongnai Rights

 

  • Right to input the data onto the Website

The User accepts that Wongnai has sole right and discretion to review, amend, and delete any business data (including name, address, telephone number, review, facsimile number, score, or picture) or reviews (including comments, or like/unlike score) or other information on the Website. Wongnai’s decision regarding information on the Website is final.

 

  • Right to Collect and Use of the User’s Personal Information

Wongnai will collect the User’s data such as name, address, E-mail, and date of birth when the User registers an account on the Website. The User may use information from Facebook or Google Plus account to make the registration with the Website easier. In this regard, Wongnai will use the User’s name to create an account name, use the User’s address to identify which province the User lives, and use the User’s E-mail or telephone number to contact the User. By using the Website, the User hereby agrees to give his/her consent to Wongnai to collect and process the User’s personal information.

 

In addition, subject to the User’s consent, Wongnai will send news to the User via E-mail. In this matter, Wongnai reserves the right to contact the User under third parties’ name by sending additional messages to the User via E-mail. Moreover, Wongnai may use information regarding the address, date of birth, and gender of the User to identify and show to the User a third parties’ advertisement that is related to the User.

 

  • Right to Collect and Use the User’s Location Information

The Website will be able to provide even more useful information to the User if the User shares the User’s current location to the Website (such as using a mobile device with GPS system). Wongnai may collect and use the User’s location information to advertise to the User and to give the said information to third parties. In the event that the User enables his/her GPS system, it shall be deemed that the User has given consent to Wongnai to collect and process the User’s current location information. However, the User may disable his/her GPS system or install any software to conceal this information.

 

  • Right to Collect and Use of Log and Activity Information

The User agrees, acknowledges and gives his/her consent that Wongnai will automatically collect the User’s information regarding the usage of the Website. For instance, the information regarding the page that the User viewed on the Website, date and time of usage, etc. In this regard, Wongnai will use such information to maintain and improve the Website’s services. In addition, Wongnai will also use the said information to analyze the User’s behavior to measure the interest in using functions of the Website.

 

  • Right to Collect and Use of Trading Information

By buying advertisement or other products, or other online services through the Website, the User agrees, acknowledges and gives his/her consent to Wongnai to collect the User’s billing data, telephone number, and credit card of the User. These information will be jointly utilized with third party financial evaluation services providers (such as bank, credit card provider, or mobile phone services provider). Significant data of the User (such as credit card number) will be kept under utmost security.

 

  • Right to Disclose Information to Third Party

This Website may contain third parties’ advertisements. In this regard, The User agrees and gives his/her consent to Wongnai to use the User’s information, including but not limited to the address, date of birth, and gender of the User to identify and show to the User advertisement that is related to the User. In some occasions, Wongnai may contact the User via E-mail under third parties’ name for the purpose of direct marketing.

 

  • Right to Transfer the Right to Use Information to Affiliate

Wongnai is entitled to transfer the right to use any information in this Website to its parent company, joint venture company, or any other companies that are Wongnai’s partner under the terms and conditions which will be decided in the future.

 

  • Right to Disclosure of Information when Necessary

Wongnai reserves the right to verify and monitor any illegal or immoral activities on the Website, as well as any violation of Wongnai’s Terms and Conditions. Wongnai is entitled to disclose the User’s information to third party services providers if Wongnai believes in good faith that such disclosure is for the purpose of:

    1. taking action against suspected illegal activities;
    2. enforcing Wongnai’s Terms and Conditions;
    3. complying with legal procedure;
    4. protecting Wongnai’s and other users’ right, reputation and property; or
    5. any other reason as Wongnai deems proper.

 

  • Right to Change, Remove or Cancel User’s Free & Paid Credits

Wongnai reserves the right to change, remove or cancel any Credits collected by any User according to Wongnai’s Policies that include, but are not limited to:

    1. Wongnai will remove Free Credits from the User who hasn’t logged-in for longer than six months since the user’s latest log-in date.
    2. Wongnai will remove Credits (Free and Paid Credits) of every User on 31 December of every year henceforth (Started from 31 December 2018).
    3. In case that the User has both Free Credits and Paid Credits, the Paid Credits will be used first followed by Free Credits.

 

4. Intellectual Property

 

The User acknowledges and agrees that any data, texts, pictures, sounds, logos, and/or any part of this Website, which including but not limited to copyright, trademark, service mark, trade name, database, trade secret, patent, know-how, business data, and etc., on the Website (except for any data or pictures which the User uploaded or disseminated through the Website by themselves) are protected work under the law of intellectual property and are the ownership, copyright, right and property of Wongnai, solely.

 

The User represents that the User is the copyright owner or the licensee of the data, pictures, sounds, logos or contents that the User uploaded or disseminated onto the Website, which including but not limited to copyright, trademark, service mark, trade name, database, trade secret, patent, know-how, business data, and etc., such as the comments, pictures, compliments to others, information pursuant to the public profile of the User, and the votes in other users’ article. The User shall be solely liable for any copyright infringement dispute arising from the usage or the dissemination of the aforesaid data, pictures, sounds, logos or contents.

 

In addition, the User acknowledges that by uploading or disseminating data, pictures, sounds, logos or contents through the Website, the User agrees to irrevocably license to Wongnai to use, reproduce, adapt, disseminate, license, or exploit, in whatever manners, the said data, pictures, sounds, logos or contents of the User throughout the protected period under the law. The User hereby waives and forfeits all his/her right to take any legal action or claim any damages from Wongnai for whatsoever reason.

 

The User also acknowledges that the consideration for the licensing that the User licensed Wongnai to use, reproduce, adapt, disseminate, license, or exploit the User’s data in the Website is in the form of publicizing of work through the Website. Therefore, the User agrees not to claim or request for any compensation from the use, reproduce, adapt, disseminate, license, or exploit of work by Wongnai. 

 

5. Limitation of Liability

 

Wongnai is not responsible for any damage arising from any activities of the User such as uploading, creating, or disseminating any Content on the Website. The User hereby waives and forfeits all his/her right to claim or request Wongnai to be liable for any of such damage.

 

Wongnai does not guarantee the accuracy of any information, whether they are posted by Wongnai or by the users. However, in the event that Wongnai has been informed by related parties or any third parties that any information on the Website might cause direct or indirect damage to others, Wongnai reserves the right to terminally or temporarily terminate the dissemination of the said information as Wongnai deems proper. The said termination shall be considered by Wongnai on a case by case basis. In this regard, the users who are responsible for the said information shall still be liable for any damage thereof.

 

This limitation of liability shall be extended to any mistake from the services, articles, transmission, or any other actions of Wongnai, its business partners, co-services providers, or any other internet users.

 

6. User’s Representation

 

The User represents that the User will not over compliment, or promote any businesses that are related to the User whether by a relationship of family, friend, employment, or any other relationship without prior written permission from Wongnai. In addition, the User represents that any information, messages, pictures, sound, logos, and/or any part of this Website that the User created or posted in the Website are true, and that the User will not post or upload any false information or cause any misunderstanding to others.

 

In the event that the User violates this representation, Wongnai is entitled to terminate its services, and immediately delete the said information from the system.

 

7. Deletion or Termination of the Dissemination of Contents under the Computer Crime Act of 2007

 

If the User finds that there is any illegal content pursuant to Section 14 of the Computer Crime Act of 2007 (“CCA”) in the Website, the User can notify Wongnai to suspend or delete such illegal content by:

  1. filing a report with the police officer as evidence and stating the details of the said illegal content dissemination pursuant to Section 14 of the CCA, details of Wongnai, and details of any damage occurred to the User or third parties, etc. In addition, any relevant documents and evidences of such illegal content shall also be filed with the police together with the aforementioned report; and
  2. reporting the details of the said illegal content dissemination pursuant to Section 14 of the CCA to Wongnai by using the form prepared by Wongnai, and filing it with Wongnai together with any relevant documents and evidences of such illegal information.

 

Upon receiving the said report and relevant documents, Wongnai will proceed with the following:

  1. duly deleting or amending the content to cease the dissemination;
  2. making a copy of the User’s report and delivering them to the user who is being alleged of disseminating illegal content and is under the control of Wongnai;
  3. terminating the dissemination of such illegal content as soon as reasonably practicable depending on the nature of the services, but not exceeding 7 days from the receipt date of the said report or any period of time as Wongnai deems proper to mitigate the damage and stop the illegal activity as soon as possible.

 

In this regard, the User agrees to waive and forfeit any legal claim against Wongnai, and discharge Wongnai from any liabilities under the law.

 

8. Marketing and Promotion Information

 

The User agrees and gives Wongnai his/her consent that Wongnai may occasionally send to the User any information regarding products and services that the User might be interested via E-mail or any other digital message. The User may refuse all these E-mails or electronic messages by using the channel provided by Wongnai. However, if the User refuses to receive the said E-mails or electronic messages, the User acknowledges that the User may not be able to fully utilize the services of Wongnai and its affiliate, or the services of the Website.

 

9. Indemnification

 

The User agrees and accepts to fully cooperate with Wongnai in any proceeding to solve the problems or disputes arising from the violation of contract, tort, or other legal problems. The User shall also hold harmless Wongnai and/or its directors, services provider, employees, or affiliates from any third party’s claim.

 

Wongnai is entitled to claim from the User for any actual damage occurring to the Website, Wongnai, or its director, caused by the User. The said actual damage includes but not limited to the cost or expenses for fixing, repairing, remaking, compensating, or any other actions that are necessary to remedy the said damage. The User shall duly pay such damages to Wongnai within the time period specified by Wongnai. If the User fails to pay the said damages within the designated period, Wongnai is entitled to the interest from the principle amount at the rate set forth by law.

 

However, the User shall be jointly responsible to Wongnai for any damage caused by third parties which cannot occur without the cooperation, assistance, support, or negligence of the User.

 

10. Privacy Policy

 

Wongnai shall protect the privacy and personal information of its users in accordance with the “Privacy Policy” of Wongnai Co., Ltd. Therefore, please carefully read the Company's Privacy Policy available at “Privacy Policy”. Wongnai shall exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.

 

11. Amendment

 

Wongnai reserves the right to amend, modify, add, or delete any terms and conditions for services of the Website. Wongnai may notify such changes by posting on the Website before making changes on the site for 24 hours.

 

The User is responsible for constantly examining these Terms and Conditions on this page. By continuously using this Website, the User is deemed to have read, understood, and unconditionally accepted the amended Terms and Conditions. The User may not claim ignorance as an excuse for violation of the amended Terms and Conditions

 

12. General Provisions

 

  1. If any term, provision, covenant or restriction of the Agreement is held by a court, administrative agency or arbitrator to be invalid, void, unenforceable or against its regulatory policy, the remainder of the terms, provisions, covenants and restrictions of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
  2. User shall not assign, license, or transfer any rights of the service to any third party.
  3. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent between Wongnai and User.

 

13. Applicable Law

 

User and Wongnai agree that any dispute arising from the services provided by Wongnai from this Website shall be governed by and construed under the laws of the Kingdom of Thailand.

 

14. Dispute Resolution Policy

 

The User acknowledges that the operation of content, providing services on this Website, is automatically processed and generated by a computer, which is beyond the control of directors and executives of Wongnai. Therefore, it is impossible for Wongnai to verify all contents, messages, pictures, music, or movies.

 

To resolve any disputes that might arise out of the services of this Website, in the event that the User is troubled or damaged by any messages, contents, or services, as well as any infringement of rights or intellectual property rights in the Website, the following dispute resolution policies shall apply:

 

  1. The injured party shall clearly notify the claim to Wongnai’s staff in writing. Such claim shall contained the following details:
    1. name and address that can be contacted;
    2. phone number or E-mail that can be contacted;
    3. details of claims and/or any evidences of the alleged illegal activities (if any);
    4. suggestion, advice, or request on the course of action that the User wishes Wongnai to proceed.

  2. The User shall deliver the said notification to Wongnai at the following address:

Wongnai Media Co., Ltd.

E-mail: support@lmwn.com

 

Upon receiving such notification, Wongnai will contact relevant parties and notify Wongnai’s managing director or its appointed attorney. The dispute shall be resolved within 7 days from the date of the receipt of the User’s written notification, provided that such notification shall contain all the information as specified above. In this regard, as Wongnai needs time to verify and investigate the fact regarding the dispute, the User agrees not to take any legal action, whether in civil and/or criminal case against Wongnai during the aforesaid dispute resolution period. In addition, the User also waives and forfeits his/her right to take legal action against Wongnai.

 

Wongnai Media Co., Ltd. (Head Office) 

E-mail: support@lmwn.com