Web Site and Application Terms and Conditions of Use


Introduction



The following terms and conditions (the "Terms and Conditions") govern your use of this Web Site
or application provided to you by PH & PH Co Ltd, and any data and other information including,
without limitation, articles, publications, videos, goods or services, graphics, sound, images, icons,
pictures, software and other materials (“content”) made available from or through this Web Site, or
application (the "Web Site"). The Web Site is made available by PH & PH Co Ltd. ("we" or "us" or
"our. The Web Site and the content are made available to you subject to your agreement to be
bound by these Terms and Conditions. We reserve the right, at our sole discretion, to change, add or
delete portions of the Terms and Conditions at any time by posting such changes on the Web Site.
BY ACCESSING OR USING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS. You are responsible for bringing these Terms and Conditions to the attention of
any person who might read content on this Web Site as a result of your access to it. IF YOU DO NOT
AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING
THIS WEB SITE.




We own solely and completely, all rights, title and interest in and to the Web Site, all the content,
code, data and materials thereon, design and organization of the Web Site, and the compilation of the
content, code, data and materials on the Web Site, including but not limited to any copyrights,
trademark rights and patent rights therein. Your access or use of the Web Site does not grant to you
ownership of any content, code, data or materials, which you may access on or through the Web Site.




You may access and view the content on the Web Site, whether on your computer or other device
and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make copies,
prints or download of the content on the Web Site for your personal or internal use only. Use of the
Web Site and the services offered on or through the Web Site, are only for your personal, noncommercial
use.




Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any
content on the Web Site, is strictly prohibited unless you have received the express prior written
permission from our authorized personnel or the otherwise applicable rights holder. Other than as
expressly allowed herein, you may not download, link, display, publish, copy, reproduce, transmit,
modify, distribute, or exploit any benefit from the Web Site or its content, code and data. You further
acknowledge that you do not acquire any ownership rights by downloading any copyrighted material
from or through the Web Site. If you make other use of the Web Site, or the content, code and data
thereon or available through the Web Site, except as otherwise provided above, you may violate
copyright and other laws of Thailand and other countries.




In the course of your use of the Web Site and/or the services made available on or through the Web
Site, you may be asked to provide certain personalized information to us (such information referred
to hereinafter as "User Information"). You acknowledge and agree that you are solely responsible for
the accuracy and content of User Information.
PH & PH Co Ltd may or may not at times require you to have a password and provide registration
details to access this Web Site or portions of this Web Site. If PH & PH Co Ltd does require a password
and registration details, it shall be a condition of use of this Web Site that all the details you provide
are correct, current, and complete. If PH & PH Co Ltd believes that the details are not correct, current,
or complete, PH & PH Co Ltd will have the right to refuse you access to the Web Site, or any of its
resources, and to terminate or suspend your account, if any. You are responsible for maintaining the
confidentiality of any password(s) you are given to access this Web Site, and you are fully responsible
for all activities that occur under your password(s). You agree to notify PH & PH Co Ltd immediately of
any unauthorized use of your password(s). PH & PH Co Ltd reserves the absolute right not to issue a
password to any person or entity.




Unless specifically requested, we do not have a policy to accept or receive any suggestions,
confidential information, sensitive information, secret or proprietary information or other material
from you through the Web Site whether by e‐mail or in any other way. Please note that any solicited
information or any other material sent to us will be deemed not to be confidential or proprietary. By
submitting information and any other material to the Web Site, you automatically: (i) warrant that the
owner of such information and material has expressly granted to us, and (ii) granted us a royalty‐free,
perpetual, irrevocable, unrestricted, worldwide, non‐exclusive and transferable, assignable and sublicensable
right and license to use, reproduce, display, perform, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display and incorporate in other works any
Submitted Materials (whether in whole or part) in any form, media, or technology now known or later
developed, including for promotional and/or commercial purposes. We cannot be responsible for
maintaining any Submitted Material that you provide to us, and we may delete or destroy any such
Submitted Material at any time.




You warrant and agree that, while using the Web Site, you shall not:


  • Upload, post or transmit to or distribute or otherwise publish through the Web Site any
    material that violates any provision of these Terms and Conditions;

  • Restrict or inhibit any other User from using and enjoying the Web Site;

  • Constitute or encourage conduct that would constitute a criminal offense or give rise to civil
    liability;

  • Impersonate, or misrepresent your affiliation with any other person or entity;

  • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information
    or other material obtained through the Web Site for commercial purposes (other than as
    expressly permitted by the provider of such information or other material);

  • Engage in spamming or flooding; or

  • Attempt to gain unauthorized access to other computer systems through the Web Site.
    Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce,
    transmit or distribute in any way any component of the Web Site itself or derivative works with
    respect thereto, as the Web Site is copyrighted as a collective work under the Thailand and the
    international copyright laws.
    We have no obligation to monitor any content on or through the Web Site and we assume no
    obligation. You acknowledge and agree, however, that we do retain the right to monitor the Web
    Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or
    other governmental request, to operate the Web Site properly, or to protect ourselves or our Users.
    We will not intentionally monitor or disclose any private electronic mail message unless required by
    law, the authority properly authorized by law or the Court of proper jurisdiction. We reserve the
    right to refuse to post or to remove any information or materials, in whole or in part, that, in our
    sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and
    Conditions.





Anyone linking to the Web Site must comply with our guidelines for linking to the Web Site and all
applicable laws.
Per the use of content terms hereof, you may link to any page of this Web Site as long as the link is
without framing. However, in the event PH & PH Co Ltd deems your linking‐practices in relation to
this Web Site to be inappropriate, PH & PH Co Ltd may provide notice to you concerning removal or
modification of the inappropriate link, and you agree to comply with any and all requirements of PH
& PH Co Ltd relating thereto. Upon notification of PH & PH Co Ltd as provided above, you may link to
this Web Site unless and until PH & PH Co Ltd gives notice that you must discontinue linking to this
Web Site.
PH & PH Co Ltd may in its discretion modify, edit, translate, suspend, restrict access to or terminate
this Web Site, these terms and conditions, the content, or any link at any time without liability or
prior notice. PH & PH Co Ltd may in its discretion terminate the browsing of, registration with, and
use of this website by you at any time without liability or prior notice for any reason, including for
any breach of these terms and conditions.




You agree to hold harmless, defend, indemnify and hold us and our affiliates and our affiliates'
directors, officers, agents and employees harmless from and against any claim, liabilities, costs and
expenses including lawyers’ fees for every kind and nature arising in any way from your use of the
Web Site, your placement or transmission of any message, content, information, software or other
materials through the Web Site, or your breach or violation of the law or of these Terms and
Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate
with our defense of such claim.




As a convenience to you, this website may contain content, links, and other information submitted by
third parties over whom we have no control or responsibility. You may be able to link from the Web
Site to third party web sites and third party web sites may link to the Web Site. You acknowledge and
agree that we have no responsibility for the information, opinions, statements, services, products,
services, advertising, offers or other content express or made available in the web site by any third
party are those of the respective author(s) or distributor(s) and not of us. Also, we are not responsible
for or any form of transmission received from any linked web site. Any reliance on the contents of a
third party web site is done at your own risk and you assume all responsibilities and consequences
resulting from such reliance.




THE WEB SITE, INCLUDING, WITHOUT LIMITED, ALL CONTENT, FUNCTIONS AND MATERIALS
THEREON, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF
TITLE, NON‐INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN
WILL BE TIMELY, CURRENT, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO
ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE
DISSATISFIED WITH THE WEB SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE WEB SITE.
LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY
TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR
PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH
PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY
CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR
OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE
LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE
AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR
PURCHASE OF PRODUCTS VIA THE WEB SITE.




We may immediately suspend or terminate your access to the Web Site without notice if any breach
of these Terms and Conditions of use by you is brought to our attention. If you breach these Terms
and Conditions and we take no action, we will not be deemed to have waived any of our rights and
may still use any rights and remedies that were open to us when you broke them. Your registration
may be terminated and your profile and any content or information that you have posted on the
Web Site may be deleted at any time. We may prohibit you from using or accessing the Web Site for
any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions
shall apply to any use of the Web Site, moreover after your registration was terminated. We may
immediately restrict, suspend or terminate your access to the Web Site and/or its services without
notice




We may change these Terms and Conditions from time to time and at any time without notice to you,
by posting such changes on the Web Site. We reserve the right, for any reason, in our sole discretion,
to terminate, change, suspend or discontinue any aspect of the Web Site, including, but not limited
to, content, features or hours of availability. By using the Web Site following any modifications to the
Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
We may also impose limits on certain features of the Web Site or restrict your access to part or all of
the Web Site without notice or penalty




The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of
Thailand. You agree that any cause of action that may arise under the Terms and Conditions shall be
commenced and be heard in the appropriate court in Thailand. You agree to submit to the personal
and exclusive jurisdiction of the courts located within Thailand. Our failure to exercise or enforce any
right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain
in full force and effect.


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