These Terms of Service (“Terms”) aim to define all matters and other relevant affairs between บริษัท หินอ่อน จำกัด (“Company”) and Customer(“You”, “Your”, or ”User”) regarding the use of http://thaimarble.co.th (the “Site”) and Services(the “Service”) provided at http://thaimarble.co.th
1. Terms of Service Effects and Changes
These Terms become effective by publishing online in the Site, and if reasonable causes occur, it may be revised within a range of not violating the relevant laws. The revised Terms will become effective by announcing online, and the crucial regulation revision such as the User’s right or obligation, etc. will be announced beforehand.
The agreement to the Terms means that you agree to regularly visit the Site and confirm the changes to the Terms. Company is not responsible for your damages that are occurred because of not knowing about the revised Terms.
Also, if you do not agree to these Terms, you cannot access the Site or use the Service.
We provide various products for Our customers. You may use the Services for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.
In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.
In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.
It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
To register as an account holder and use the Site and the Services (or any portion thereof), you must provide us with all relevant information (an email address, password, name, contact number, etc.) required by Company.
All Users must provide their own true and valid information in order to register and use the Site. To this end, Company may verify your registration information. Company will provide you with the user ID as defined in the Terms
(1) User ID is not changeable as a rule, but it is possible to be changed upon User or Company requests if the following applies.
• If the ID is registered in the member’s contact number that might occur privacy concerns.
• If the ID disgusts other people or is contrary to the public morals.
• If there are other reasonable reasons.
(2) User ID may be associated with the ID of the services operated by Company with the consent of the user.
(3) You have the responsibility to manage the user ID and password. You are solely responsible for any damages of services or an unauthorized use by third parties that are caused by your neglected management, and Company has no responsibility for any of this
(4) The registered ID of user who illegally uses other people’s personal information (email address, name, etc.) will be deleted, and it may be punished upon the relevant laws and regulations.
(5) Other matters regarding the management and change of your personal information will be dealt with upon the service guides. If the service applicant is under the legal age as prescribed in the relevant regulations, you cannot request the use of service upon the service guides.
6. User’s Obligations and Services Limitation
(1) You must provide all information based on the facts when you request a membership registration or member information change, if registered with a false or other people’s information, you cannot claim the right of all.
(2) You must abide by the matters noticed by Company and all the relevant laws and regulations including the statements specified in this Terms, other rules and regulations defined by Company, the notice, etc., and you must not do the things that interfere with the Company’s business and damage the honor of Company.
(3) You must notify to Company under the appropriate procedure immediately if your contract information has been changed such as an email address, home address, contact number, etc.
(5) You cannot operate a business using the services without prior approval from Company, and Company is not responsible for the results of the business operation. Also, if Company sustains damages from the business operations, you are liable for any damages of Company, and Company may limit you the use of services and claim for damages under the legal procedures.
(6) Unless there is the explicit consent of Company, you cannot transfer and give the use authority of the service and other contractual status to other people, and offer it as collateral.
(7) You must not infringe the intellectual property rights of the services of Company and third parties.
(8) You may receive promotional messages and data from the services of Company and third parties through an email, mail, or other contacts (wire telephone, text message, etc.) provided to us. If you do not want to receive these promotional messages and data, please notify to Company.
(9) You must not engage in behavior corresponding to the following, if you do the relevant
• An act that provides false information when you register a membership or change registered information
• An act that illegally use other member’s ID and password.
• An act that trades ID with other people.
• An act that impersonat Company’s officers, staffs, or any related persons.
• An act that changes Company client’s program without being granted special rights from Company, or hacks the server of Company, or changes the whole or part of the website or the information posted randomly.
• An act that harms or intentionally hinders Company.
• An act that duplicates the information obtained from the Service for other purposes than using the service, or uses them for publishing and broadcasting, or provides to the third party, without prior permission of Company.
• An act that copies, modifies, creates derivative works, converts, conducts reverse engineering, imitates, transfers to another service, translates, compiles, decompiles, or disassembles the Company site, Services (or a portion thereof), content provided from Company, or the third party’s services and a part for using in user’s website; or Acts that display, conduct, transmit, or distribute the information listed above without the prior written and specific consent of Company.
• An act that transmits, posts, spreads the inferior and obscene information, sentence, figure, sound, or video that violates the public orders and morals to other people through email or other ways.
• An act that transmits, posts, spreads the content that may insult or invade other people’s honor or privacy as it is offensive or having private information.
• An act that harasses or threatens other users, or continuously give pain or discomfort.
• An act that collects or saves other user’s personal information without a permission of Company.
• An act that objectively deemed to be associated with any crimes.
• An act that violates all rules and regulations prescribed by Company and the conditions of use including this Terms.
• An act that violates other relevant laws and regulations.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – without further notice to you, and without any refund of amounts paid on account of any such Services.
7. Content and Ownership
(1) Your Ownership
• The copyright of content that is posted in the site and services (or part thereof) belongs to you who post the content. Also you are solely responsible for the authorized rights.
• Except for free or paid image, app, template, and etc. provided via the site and service (or part thereof), the copyright of image and content that you directly post or ask Company to post belongs to you, and you are solely responsible when any problems are occurred for this.
• Company cannot use the content commercially without the consent of the publisher. However, it is possible if it is a non-profit purpose, also there is the right to publish in the site and services (or part thereof).
• Company can delete or transfer the content, or reject content registration in the site or services (or part thereof) without prior notice if it is deemed that it is relevant to the following
- If the content seriously insults or damages an honor of other users or the third parties.
- If it disseminates or links the content that violates the public order and moral
- If it encourages an illegal duplication and hacking.
- If it is an advertisement for profit purpose.
- If it is objectively admissible that associated with crime.
- If the content infringes the copyright or other rights of other users or the third parties
- If it goes against the bulletin board principle defined by Company or does not comply with the bulletin board’s characteristics.
- If it is deemed violating other relevant laws.
(2) Company’s Ownership
• Company has all authorities of the services provided by Company, and you are authorized only for the use of services provided by Company.
• You cannot commercially use the posted data on the site and services (or part thereof) such as illegally processing and selling the acquired information on the site and Services (or a portion thereof)
• The services provided by Company are not available for the hosting of other companies.
• If it violates any other regulations defined by Company and other relevant laws, Company may withdraw the right to use of the Services without prior notice.
(3) Feedback and Suggestions.
If you provide us with any suggestions, comments or other feedback relating to the Company Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Company . By providing such Feedback to Company , you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Company any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
8. Cancellation and Service Changes
(1) Cancellation by User
You can cancel and change Company service at any time.
(2) Cancellation by Company
Company may suspend and cancel if it may be applied to the following
• If you provide false information when sign-up on the Company
• If you violate the Terms or fail to comply with any separate requirements related to the use of Company services.
• If it is deemed that you damage a person’s reputation and violate relevant regulations or the public order.
• If Company requests a service cancellation to you due to the circumstance of the Company services.
• If you avoid payment for the Company services or third party services.
• If a sole contracting party cannot fulfill the Company contract due to the person’s legal proceedings which are equivalent to bankruptcy, seizure, injunction, and etc.
• If there occurs any other serious reasons that a sole contracting party cannot fulfill the Company contract.
(3) Contents and Data
If you cancel the Service, you cannot access and use the Service. Also, all content and data will be deleted on your website, and Company is not responsible for any deleted data.
9. System Management
Company may be able to upgrade or change any of systems and affiliated companies after prior notice in order to provide better services.
Company do not accept any liability for the loss of website data caused by your mistakes or the natural disasters.
When individual user accounts caused the whole system overload, Company may limit the use of services after prior notice.
10. Data Management
You cannot request Company to transfer you website’s data, but only a data transfer is necessarily needed, you are liable for the costs and efforts which caused by the data transfer.
However, if you inevitably have to request a transfer, you have to give Company notice at least one month ago, and you will have a liability of the necessary cost that may be charged.
If Company stops the Company services due to unavoidable circumstances, a grace period because of a data transfer will be provided notifying it 7 business days before.
If you delete the account, all data will be deleted and the deleted account cannot be reused.
11. Disclaimer of Warranties
COMPANY'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (a) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (b) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (c) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within 30 days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.
We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.
14. Governing Law & Jurisdiction
Matters not specified in the terms are governed by the related Act and subordinate statute such as telecommunications Business Act and a business practice
If any and all such claims and disputes would be brought in, and a court of competent jurisdiction where Company headquarter is located in will be a competent court.
15 Contact Us
If you have any concerns or questions about this Policy, please contact us at [EMAIL]
1. Information to be collected and method of collection
(1) Personal information items to be collected
Personal information items to be collected by the Company are as follows:
• Information provided by the users The Company may collect the information directly provided by the users.
[Internet membership service] - email address, ID
[Online payment service] - Name, address, telephone number, and email address
• Information collected while the users use services Besides of information directly provided by the users, the Company may collect information in the course that the users use the service provided by the Company.
[Equipment information] - Equipment identifier, operation system, hardware version, equipment set-up and telephone number
[Log information] - Log data, use time, search word input by users, internet protocol address, cookie and web beacon
(2) Method of collection
The Company collects the information of users in a way of the followings:
2. Use of collected information
The Company uses the collected information of users for the following purposes:
• Member management and identification • To detect and deter unauthorized or fraudulent use of or abuse of the Service • Performance of contract and service fee settlement regarding provision of services demanded by the users • Improvement of existing services and development of new services • Making notice of function of company sites or applications or matters on policy change • To help you connect with other users you already know and, with your permission, allow other users to connect with you • To make statistics on member’s service usage, to provide services and place advertisements base on statistical characteristics • To provide information on promotional events as well as opportunity to participate • To comply with applicable laws or legal obligation • Use of information with prior consent of the users (for example, utilization of marketing advertisement) The Company agrees that it will obtain consent from the users, if the Company desires to use the information other than those expressly stated in this Policy.
3. Sharing collected information
Except for the following cases, the Company will not share personal information with a 3rd party:
• when the Company shares the information with its affiliates, partners and service providers; when the user selects to be provided by the information of products and services of certain companies by sharing his or her personal information with those companies when the user selects to allow his or her personal information to be shared with the sites or platform of other companies such as social networking sites other cases where the user gives prior consent for sharing his or her personal information
• when the sharing is required by the laws - if required to be disclosed by the laws and regulations; or - if required to be disclosed by the investigative agencies for detecting crimes in accordance with the procedure and method as prescribed in the laws and regulations
4. Cookies, Beacons and Similar Technologies
The Company may collect collective and impersonal information through 'cookies' or 'web beacons'.
Cookies are very small text files to be sent to the browser of the users by the server used for operation of the websites of the Company and will be stored in hard-disks of the users' computer.
Web beacon is a small quantity of code which exists on the websites and e-mails. By using web beacons, we may know whether a user has interacted with certain webs or the contents of email.
These functions are used for evaluating, improving services and setting-up users' experiences so that much improved services can be provided by the Company to the users
The items of cookies to be collected by the Company and the purpose of such collection are as follows:
[strictly necessary cookies] This cookie is a kind of indispensable cookie for the users to use the functions of website of the Company. Unless the users allow this cookie, the services such as shopping cart or electronic bill payment cannot be provided. This cookie does not collect any information which may be used for marketing or memorizing the sites visited by the users (Examples of necessary cookies) Memorize the information entered in an order form while searching other pages during web browser session For the page of products and check-out, memorize ordered services Check whether login is made on website Check whether the users are connected with correct services of the website of the Company while the Company changes the way of operating its website Connect the users with certain application or server of the services [functionality cookies] This cookie is used for memorizing the set-ups so that the Company provides services and improves visit of users. Any information collected by this cookie does not identify the users individually. (Examples of necessary cookies) Memorize set-ups applied such as layout, text size, basic set-up and colors Memorize when the customer respond to a survey conducted by the Company [targeting cookies or advertising cookies] This cookie is connected with the services provided by a 3rd party such as the buttons of 'good' and 'share'. The 3rd party provides these services by recognizing that the users visit the website of the Company. (Examples of necessary cookies) carry out PR to the users as targets in other websites by connecting through social networks and these networks use the information of users' visit provide the information of users' visit to ad agencies so that they can suggest an ad which may attract the interest of the users The users have an option for cookie installation. So, they may either allow all cookies by setting option in web browser, make each cookie checked whenever it is saved, or refuses all cookies to be saved: Provided that, if the user rejects the installation of cookies, it may be difficult for that user to use the parts of services provided by the Company.
5. Users' right to access and option
The users or their legal representatives, as main agents of the information, may exercise the following options regarding the collection, use and sharing of personal information by the Company:
• exercise right to access to personal information; • make corrections or deletion; • make temporary suspension of treatment of personal information; or • request the withdrawal of their consent provided before
If, in order to exercise the above options, you, as an user, use the menu of 'amendment of member information of webpage or contact the Company by using representative telephone or sending a document or e-mails, or using telephone to the responsible department (or person in charge of management of personal information), the Company will take measures without delay: Provided that the Company may reject the request of you only to the extent that there exists either proper cause as prescribed in the laws or equivalent cause.
The Company regards the security of personal information of uses as very important. The company constructs the following security measures to protect the users' personal information from any unauthorized access, release, use or modification
• Encryption of personal information - Transmit users' personal information by using encrypted communication zone - Store important information such as passwords after encrypting it
• Countermeasures against hacking - Install a system in the zone the external access to which is controlled so as to prevent leakage or damage of users' personal information by hacking or computer virus
• Establish and execute internal management plan • Install and operate access control system • Take measures to prevent forging or alteration of access record
7. Modification of Privacy Protection Policy
The Company has the right to amend or modify this Policy from time to time and, in such case, the Company will make a public notice of it through bulletin board of its website (or through individual notice such as written document, fax or e-mail) and obtain consent from the users if required by relevant laws.
(1) Data transmission Considering it engages in global businesses, the Company may provide the users' personal information to the companies located in other countries for the purpose as expressly stated in this Policy. For the places where the personal information is transmitted, retained or processed, the Company takes reasonable measures for protecting that personal information. In addition, when the personal information obtained from the European Union is used or disclosed, the Company may have to comply with safe harbor principle as required by the Commerce Department of USA, take other measures or obtain consent from users so far as those complies with the regulations of EU so as to use a standardized agreement provision approved by executing organizations of EU or securing proper safe measures.
(2) 3rd party's sites and services The website, product or service of the Company may include the links to the ones of a 3rd party and the privacy protection policy of the site of 3rd party may be different. Thus, it is required for the users to check additionally that policy of a 3rd party site linked to the site of the Company.
(3) Guide for users residing in California If the user resides in California, certain rights may be given. The Company prepares preventive measures necessary for protecting personal information of members so that the Company can comply with online privacy protection laws of California. In case of leakage of personal information, a user may request the Company to check the leakage. In addition, all the users in the website of the Company, can modify their information at any time by using the menu for changing information by connecting their personal account. Moreover, the Company does not trace the visitors of its website nor use any signals for 'tracing prevent'. The Company will not collect and provide any personal identification information through ad services without consent of users.
(4) Guide for users residing in Korea The Company guides several additional matters to be disclosed as required by the information network laws and personal information protection laws in the Republic of Korea as follows:
(a) Information collected The items collected by the Company are as follows:
• Required information
[Internet membership service] - email address, ID
[Online payment service] - Name, address, telephone number, and email address
In the course of using services, the information as described below may be created and collected: Information of devices (equipment/device identifier, operation system, hardware version, equipment set-up and telephone number) Log information (Log data, use time, search word input by users, internet protocol address, cookie and web beacon) Other created information
• Optional information The user may reject the collection and use of optional items and, even in case of rejection, there is no limit on use of services
[User analysis] - The reason for membership, occupation, marriage status, wedding anniversary, interest category and SNS account information
[Provision of customized ad] - Contents and result of marketing activities and event participation
[Delivery of urgent notice] - Information provided by the users regarding execution, maintenance, execution, management of other agreements and event participation
[Marketing] - Preference, advertisement environment, visited pages regarding service use of users
(b) Commission for collected personal information For carrying out services, the Company commissions external professional companies (subcontractors) to process personal information as follows. This commissioned works for processing personal information is carried out by each subcontractor and service only if necessary for providing that service. In commissioning process of personal information, in order to secure safety of personal information , the Company supervises and ensure to expressly state in the agreement with subcontractors so that those subcontractors will safely process personal information by strictly complying with directions regarding personal information protection, keeping personal
[YESCALL] - Description of commissioned works (services) : Member management
(c) Period for retention and use of personal information In principle, the Company destructs personal information of users without delay when: the purpose of its collection and use has been achieved; the legal or management needs are satisfied; or users request: Provided that, if it is required to retain the information by relevant laws and regulations, the Company will retain member information for certain period as designated by relevant laws and regulations. The information to be retained as required by relevant laws and regulations are as follows:
Record regarding contract or withdrawal of subscription: 5 years (The Act on Consumer Protection in Electronic Commerce) Record on payment and supply of goods: 5 years (The Act on Consumer Protection in Electronic Commerce) Record on consumer complaint or dispute treatment: 3 years (The Act on Consumer Protection in Electronic Commerce) Record on collection/process, and use of credit information: 3 years (The Act on Use and Protection of Credit Information) Record on sign/advertisement: 6 months(The Act on Consumer Protection in Electronic Commerce) Log record of users such as internet/data detecting the place of user connection: 3 months(The Protection of Communications Secrets Act) Other data for checking communication facts: 12 months (The Protection of Communications Secrets Act)
(d) Procedure and method of destruction of personal information In principle, the Company destructs the information immediately after the purposes of its collection and use have been achieved without delay: Provided that, if any information is to be retained as required by relevant laws and regulations, the Company retain it for the period as required by those laws and regulations before destruction and, in such event, the personal information which is stored and managed separately will never be used for other purposes. The Company destructs: hard copies of personal information by shredding with a pulverizer or incinerating it; and delete personal information stored in the form of electric file by using technological method making that information not restored.
(e) Technical, managerial and physical measures for protection of personal information In order to prevent the loss, theft, leakage, alteration or damage of personal information of the users, the Company takes technical, managerial and physical measures for securing safety as follows:
Technical measures] - Utilize security servers for transmitting encryption of personal information - Take measures of encryption for confidential information - Install and operate access control devices and equipments - Establish and execute internal management plan
[Managerial measures] - Appoint a staff responsible for protecting personal information - Provide education and training for staffs treating personal information - Establish and execute internal management plan - Establish rules for writing passwords which is hard to be estimated - Ensure safe storage of record of access to personal information processing system - Classify the level of authority to access to personal information processing system
[Physical measures] - Establish and operate the procedure for access control for the facilities for storing personal information - Store documents and backing storage containing personal information in safe places which have locking device
9. Contact Us
If you have any concerns or questions about this Policy, please contact us at [EMAIL]