TERMS & CONDITIONS
Terms and Conditions for Use of “Gaysorn Village” Application
Please read the following terms and conditions (“Terms and Conditions”) carefully for redemption of Rewards and for a chance to win a prize through this Gaysorn Village Application (“Application”), as these Terms and Conditions set forth the terms and conditions to access and use the Application.
These Terms and Conditions from a binding legal agreement between Gaysorn Legend Co., Ltd. (“Gaysorn”, “we”, “our” or “us”) and you (“User”, “you” or “your”). By signing up, accessing or using any services available on the Application, you are deemed to have read and understood the Terms and Conditions in its entirety and you agree to abide by these Terms and Conditions.
We reserve the right to amend these Terms and Conditions from time to time, for instance when we update the functionality of the Application. Your continued access and use of the Application after the date of the updated Terms and Conditions constitutes your acceptance of the updated Terms and Conditions.
Certain services offered to the User through the Application may also be subject to additional or separate terms and conditions. Please take the time to read them carefully.
Definition
1.1 “Advertising” means the advertisement that are generated by Gaysorn to promote sales or for various marketing activities of products or services of Gaysorn and its affiliate through the Application.
1.2 “Campaign” means the marketing activities and promotion announced by Gaysorn on the Application, for you to participate in or redeem Rewards.
1.3 “Point” means the points acquired through the use or participation of our Services on the Application which can be used to join certain activities, redeem Rewards to obtain goods and/or services, including vouchers, coupons or discounts from Campaigns.
1.4 “Reward” means the goods and services such as sample products, gifts, vouchers, coupons, discounts or any other rewards that you may receive as part of the Campaign, or as you may get from the redemption of Rewards.
1.5 “Service” means any service available on the Application, including but no limitation to Campaign and Advertising.
General Provisions
2.1 All content, software, images, video, audio message, music, sound, text, graphics, illustrations, logos, trademarks, copyrights, photographs on the Application and all intellectual property rights related thereto (“Gaysorn Content”) are owned or licensed by Gaysorn. Use of Gaysorn Content for any purposes not expressly permitted under these Terms and Conditions is strictly prohibited.
2.2 You agree that all Gaysorn Contents that you can access and use via the Application are at your own risk. Gaysorn makes no representation or warranty that the Gaysorn Content is accurate, complete and up to date.
2.3 The Gaysorn Content may contain links to other sites and resources provided by third party for you to participate such as links to Facebook or other channels. Gaysorn is not responsible and does not have control over the contents of those sites and resources, In such case, we recommend that you read the terms and conditions of those relevant sites and resources as you could be subject to those terms and conditions as well.
Account: registration and cancellation
3.2 With respect to membership enrollment, you must provide your full name, e-mail address, phone number, address, or other personal data as required by us on the Application. You must provide accurate, up-to-date and complete information. In case there is any changes or updates to any information you provide to us, you must promptly rectify such information to keep them up-to-date.
3.3 At the process of membership enrollment, you will need to verify yourself through Gaysorn’s LINE Official Account by using your LINE username and password to access and use the Application as a member. It is important that you keep your password confidential and that you do not disclose it to any third party. User has to agree that anyone accessing and using the Service by using the username and password disclosed by the User shall be a representative of the User and the User will be solely responsible for any activity that occurs under the member account.
3.4 Gaysorn reserves the right to reject an enrollment or cancel your membership account at any time without prior notice in the event that it is verified that you violated or have failed to comply with any of the provisions of these Terms and Conditions or the terms and conditions applicable to each Campaign or if the activities that occurred on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. In this case, the Points earned or accumulated will be automatically annulled without compensation in any form.
Redemption of Rewards
4.1 Campaign and Redemption of Rewards
4.1.1 Gaysorn will create and announce Campaigns on the Application for members to redeem Rewards. Each Campaign may have its own specific terms and conditions. Therefore, it is your duty to study and understand those specific terms and conditions.
4.1.2 When you submit a request for redemption of Rewards under the Campaign, we will verify whether you have sufficient Points to receive the Rewards or not. In the event that you have sufficient Points, we will send a code for you to redeem the Reward at the specified place (On-Spot Redemption) such as a store, restaurant, point of sale or any other places as specified by Gaysorn. In the event where certain Rewards must be physically delivered, we will request you to provide us the delivery address. User must provide and ensure every time that the address is correctly provided. Gaysorn will not be responsible if the User does not receive the Rewards delivered due to the User’s incorrect address. In any case, Rewards will be delivered only to User’s address in Thailand.
4.1.3 When you have successfully redeemed a Reward, no change or cancellation will be allowed. Your Points will not be refundable of reversible Gaysorn reserves the right to make any changes to the terms and conditions for the redemption of rewards of the relevant Campaign without prior notice.
4.2 Delivery of Physical Rewards
4.2.1 The User who has redeemed a physical Reward shall receive such Reward from Gaysorn. The physical Rewards will be delivered to the recipient per the address as provided by the User in the process of redemption of Rewards. In any event, third party assigned by Gaysorn Village may facilitate Gaysorn regarding such delivery for and on behalf of Gaysorn.
4.2.2 Gaysorn does not guarantee the quality, safety or fitness of the Rewards provided.
4.3 Taxation
4.3.1 Transaction connected with a Campaign is a direct transaction between Gaysorn and you. Therefore, you understand and agree that the receiving of Rewards may be subject to applicable tax requirements and obligations such as withholding tax, stamp duty, value added tax, etc.
4.3.2 When receiving the Rewards valued over 1,000 Baht, the recipient must pay 5% withholding tax (by virtue of the Order No. Tor Por 101/2544 of the Revenue Department) to Gaysorn so that Gaysorn shall remit the tax withheld to the Revenue Department. In this connection, Gaysorn shall issue corresponding withholding tax certificate to you.
Personal Data Protection
5.1 Gaysorn respects the privacy of all Users. Your personal data shall be kept to the utmost security when performing any transactions on the Application. All of your personal data provided through the Application will be used for the purposes of customer relation activities and in accordance with the Privacy Notice of Gaysorn. Gaysorn shall carry out the operation with appropriate security measures in place.
5.2 For details on how Gaysorn collects, uses, discloses and/or cross-border transfers your personal data, please refer to our Privacy Notice for Customers, which is accessible via https://www.gaysornvillage.com/en/privacy-notice-for-customers/.
Use of the Application
6.1 Gaysorn will use reasonable efforts to correct any mistake or error as soon as possible if notified thereof. However, Gaysorn does not guarantee that the Application is error-free and will not be responsible for any failure, including the loss of User’s Points.
6.2 The access to the Application sometimes may be restricted for reasons of maintenance, repair, or adding of a new device or Service. Gaysorn shall use its best endeavor to restore the Application as soon as possible.
6.3 Gaysorn reserves the right to block, change or suspend your access and/or the availability of all or any part of our Application for business and operational reasons at any time without prior notice.
6.4 User can access the Application by adding the “Gaysorn Village” account which can be searched in LINE program or by other method as announced by Gaysorn. In any case, Gaysorn shall not be liable for any damage or malfunction of your portable equipment as a result of the installation of the Application on the your portable equipment.
Advertising
7.1 Gaysorn may display any Advertising materials on each position of the Application while the User is accessing the Service.
7.2 User may at its option feel free to select or click to visit the products or services with or without Advertising.
7.3 When the advertiser is a third party or an affiliate, there may be an installation or recognition of “cookie” on the Application set by those advertisers. This “cookie” will not collect or keep personal data or any link to the User’s personal data.
Compensation and Indemnity
Force Majeure
Gaysorn shall not be liable for the delay or failure to comply with these Terms and Conditions due to any event of force majeure, including natural disasters, fire, flood, accident, pandemic, riot, war, and government interference, strike, labor dispute, any technical, software or equipment defect, or any other causes beyond Gaysorn’s power and control.
Exclusion of Warranty; Limitation of Liability; and Release from Liability
10.1 Exclusion of Warranty
10.1.1 Unless specifically prescribed by the applicable laws, Gaysorn does not have any special relation or fiduciary duty to the User. As it is known by the User that Gaysorn has no authority to control or duty to perform in relation to the User’s access to the Service; or the content the User may get from the Service; or the impact of the content to the User; or the operation the User may perform as a result of obtaining such content.
10.1.2 Service may be inclusive of or connected to the third party sites and resources where there is information or content which may be unsatisfied or inappropriate. Gaysorn makes no representation or warranty that the information or content as appeared or accessible in the third party sites and resources is accurate, reliable, appropriate or will meet your satisfaction. Gaysorn shall take no charge or be liability with respect to the accuracy, reliability, any violation of third party intellectual property, legality or appropriateness of those information or content displayed on the third party sites and resources.
10.1.3 The Service are provided “as is” with no representation or warranty of any kind, whether express or implied.
10.1.4 Gaysorn does not represent or warrant in the following aspects:
(B) All defects in the operation or functionality of any software provided to User as part of the Services will be restored and corrected accurately.
(C) The Service will satisfy the User’s requirements as expected.
(D) The Service will be uninterrupted, timely, secure or free from error.
(E) Any information obtained by User as a result of the use of the Service will be accurate and reliable.
(F) The Rewards received from Gaysorn will be in the color, quality, number or character as displayed or posted by Gaysorn in the Campaign.
10.1.5 The risks taken place from use of the website, Application, Services, system and Gaysorn Content shall be at sole risk of the User.
10.2 Limitation of Liability
Gaysorn shall not be liable for any loss of right, income, profits, business reputation, opportunities or any other loss or damages which may be incurred by you such as loss and damages resulting from
(i) data failure, deletion, or corruption, regardless of whether it is the result of tort or breach of agreement or not;
(ii) any changes which Gaysorn makes to the services or temporary cessation in the provision of the Services;
(iii) any technical difficulties or equipment malfunction (whether or not under Gaysorn’s control)
(iv) your failure to provide us with accurate information;
(v) your failure to keep your password or account secure and confidential;
(vi) any theft, unauthorized access or third party interference;
(vii) any reliance placed by you on the completeness, accuracy or existence of any advertising.
10.3 Release from Liability
User irrevocably agrees that Gaysorn is released from any and all liability or damage claims available to the User as a result of the use of Service on the Application.
User’s Duties
11.1 User agrees not to use or permit anyone else to access and use the Application in any of the following manner:
(3) To upload, transmit, distribute, store, receive or make available in any way any media or files malicious or technically dangerous and harmful (including media or files containing computer viruses, logic bombs, trojan horses, worms, malicious component, or defective data).
(4) To cause an annoyance, inconvenience, or anxiety without reasonable ground.
(5) To intercept or seek to block the transmission of communicative data via telecommunication system.
(6) To use for any unauthorized purposes other than the purposes designed for or its purpose of use.
(7) To perform any act with fraudulent intent or any act with the intention to harass, hurt, scare, distress, embarrass or upset people.
(8) To not comply with nor conform to the accepted practices on internet or internet networking.
(9) To do any act causing hatred on race, religion, or minority, or which causes a significant effect or discrimination on any individual, group of persons or identity.
(10) Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein.
(11) To interfere with or attempt to interfere with the proper working of the Service, using endeavor to avoid security system or network, including bypass any measures Gaysorn may use to prevent or restrict the access to the data not permitted for the User, the Service device (Server) or an account that the User is expressly not allowed to access, or to interfere with the security system of third-party networks (e.g. running a port scan).
(12) Performing any action to monitor the network blocking information not intently available for the User.
(13) Performing an illegal act in connection with the use of Gaysorn Village Application and/or Service.
(14) Carrying out any act (as solely determined by Gaysorn) that restrict or inhibit another Users from using or enjoying the use of the Application or Service.
(15) Transmitting any message in a way to make another person believe or understand that such message was sent or disclosed with the support or consent of Gaysorn.
Miscellaneous
12.1 Headings
The headings used in these Terms and Conditions are only for convenience of reference and not constituting a part of the terms hereof, and not affecting the interpretation of these Terms and Conditions.
12.2 Singular and Plural
In these Terms and Conditions, references to the singular shall include the plural and vice versa.
12.3 No Partnership nor Agency
Nothing in these Terms and Conditions will be construed as creating a partnership or joint venture or principal and agency relation in any form between the User and Gaysorn. Both the User and Gaysorn have no authority to act on behalf of each other in order to cause liability in debt, expenses or entering into an agreement or any other action.
12.4 Governing Law
These Terms and Conditions are governed by and subject to the interpretation under the laws of the Kingdom of Thailand, whereby all parties agree that Thai courts shall have the jurisdiction to settle all disputes arising out of or in connection with these Terms and Conditions.
12.5 Right of Third Parties
Unless expressly provided in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right to enforce any of these terms.
12.6 Assignment
The User agrees not to assign any of its rights and obligations under these Terms and Conditions, whether in whole or in part, to any third party without prior written consent of Gaysorn. Nonetheless, the User agrees that, subject to the applicable laws, Gaysorn may assign any of its rights and obligations under these Terms and Conditions, whether in whole or in part, to any third party without prior written consent of the User.
12.7 Severability
If any part of these Terms and Conditions is found to be illegal, invalid or otherwise unenforceable then they shall be deleted from these Terms and Conditions and validity, legality and enforceability of the remaining terms or conditions shall not in any way be affected and shall otherwise remain in full force and effect.
12.8 Waiver
A waiver of a breach or default under these Terms and Conditions shall not be a waiver of any subsequent default. Any delay or failure by us in enforcing your compliance with any term or condition of these Terms and Conditions shall not constitute a waiver of such term or condition.
12.9 Development of the Application
The Application is developed by Buzzebees Company Limited, a legal entity registered and sustained under the laws of Thailand, which performs system programming services of the Application.
12.10 Effectiveness of these Terms and Conditions
User and Gaysorn enter into these Terms and Conditions via electronic system which is effective and enforceable according to the applicable laws, including Thailand’s Electronic Transactions Act, B.E. 2544 (2001) and its amendment. Therefore, the physical signature of each party is not required.
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