Terms of Use

Terms of Use

The Terms of Use (the “Terms”) are agreements between Business Online Public Company Limited (the “Company”) and a user of the Company’s website (the “User”) to stipulate the rights and obligations between the Company and the User, and other terms relating to use of the website.

Use of any part of the website by the User shall be deemed as an acceptance of the conditions and terms specified in these Terms by the User without any amendment. In addition, the use of the website by the User shall create legally binding obligations and contract in accordance with the Terms as follows:

Section 1. Definitions and Interpretation

Unless otherwise expressly specified herein, the words or groups of words appearing in the Terms shall have the following meanings:

1.1 Terms means These Terms of Use, which may be amended from time to time.

1.2 Computer Data means Data, text, command, program or else stored in a Computer System and being able to be processed by a Computer System, including electronic data under the laws regarding electronic transactions.

1.3 Company means Business Online Public Company Limited

1.4 Products and Services means Products and services of the Company, including but not limited to data, information, products, software, applications and programs, which can be accessible via websites, products or services in which the Company has ownership and copyright.

1.5 User means Any user of the Company’s Website.

1.6 Computer device or set of computer devices that are connected and co-operated with another, whereby command, program or else, and work process for automatic data processing thereof have been set up for provision of the Website.

1.7 Website means www.bol.co.th, including other websites provided by the Company.

Section 2. Use of the Website

2.1 The User acknowledges that the User will use the Website only when the User has agreed and accepted to comply with all terms and conditions specified herein. However, if the User uses any part of the Website, it shall be deemed that the User accepts and agrees to comply with these Terms in all respects.

2.2 The Company has discretion to terminate, suspend, disconnect, or restrict access to any part of the Website as it deems appropriate in the event that the User does not accept or comply with any of the Terms.

2.3 The User acknowledges that the User shall comply with specific terms and conditions stipulated by the Company for the Products and Services of the Company other than those set forthherein.

​Section 3. Rights and Obligations of the Company

3.1 The Company reserves the right to change, cancel, suspend, or restrict the right to access to information or contents, or the right to gain access to the Website by the User, whether in whole or in part, without providing reasons or notifying the User in advance.

3.2 The Company may monitor, inspect, filter, suspend or control activities, contents, operations or any information on the Website, and may conduct a preliminary investigation with respect to any actions that may violate the Terms without giving prior notice to the User.

3.3 In the event that the User enters any content or information into the Website, the Company has the right to use such content and relationship between the User and such content or information, including but not limited to the right to make a copy of, publish, forward, publicly disclose, re-produce, amend, modify, delete, translate or reform the User’s content or information for the purposes specified in an agreement between the User and the Company, the purposes permitted by laws or any other purposes for which the User has given consent to the Company to use such content or information (as the case may be). In this regard, the User shall be solely responsible for any content and information that the User enters into the Website.

3.4 The Company has the right to review, correct or delete any content that the Company considers to be illegal, immoral or unethical, violent or otherwise inappropriate, including the right to investigate and take all appropriate legal measures in order to prevent, terminate or deter any breach of obligations as set out in the Terms, as well as any violation of rights.

3.5 In the event that the User terminates the use of the Website, or that the Company terminates the provision of the Website, for any reason, the Company reserves the right to delete or destroy any information of the User or the information that the User has entered into the Computer System without obtaining consent from the User.

3.6 The Company has the right to claim for actual damages resulting from the User’s intentional or negligent actions. The User shall fully compensate the Company for such damages within a period specified by the Company. In the event that the User fails to fully compensate the Company within the specified period, the Company is entitled to default interest at the rate of 15 (fifteen) percent per annum accrued on the outstanding amount owed by the User until the User compensates the Company for damages in full.

3.7 The Company is obliged to comply with laws relating to the provision of other Products and Services, including the laws regarding commission of offences relating to computer and the laws regarding personal data protection, etc.

Section 4. Rights and Obligations of the User

4.1 The User shall have the right to use the Website under the terms and conditions of the Terms only, and such use shall not violate any applicable laws or be contrary to public order or good morals, or infringe upon the rights of the Company, other Users or any person, or result in any obstruction, interference or disturbance with the use of the Website for other Users.

4.2 The User may have access to and use the information presented on the Website for legitimate purposes of the User.

4.3 The User acknowledges that the User must provide information and comply with requirements and recommendations relating to the Products and Services, which are notified by the Company on the relevant website or application, in order that the Company can provide such services efficiently.

4.4 If the User finds any action on the Website that is unlawful or may cause damage to the Company, other Users, or any person, the User shall report such action to the Company via the contact channels notified by the Company.

4.5 The User agrees not to use or engage in any use of computer programs, software, systems, or devices which may cause damage, or result in interference with or disturbance to the operation of the Website or Computer System in any way, including, without limitation, using robots, hacking and password mining, etc.

4.6 The User shall not enter any Computer Data into the Computer System or publish any Computer Data on the Website, which constitutes an offence relating to the national security of the Kingdom of Thailand, or a terrorism offence, or any other offence prescribed under the applicable laws as further amended or re-enacted.

4.7 The User shall not, dishonestly or by deception, enter distorted or false Computer Data, whether in whole or in part, or false information into the Computer System, in a manner likely to cause damage to the Company, other Users or other persons, or in a manner likely to cause damage to the protection of national security, public safety, economic security or infrastructure of the Kingdom of Thailand, or to cause panic to the general public.

4.8 The User shall not enter Computer Data into the Computer System which is indecent and obscene, or against the public good morals, which is accessible by the general public, norshall the User enter images of other persons into the Computer System where such images were created, edited, added, or modified by electronic means or other means, in a manner likely to cause such persons to be defamed, denounced, detested or humiliated.

4.9 The User shall not comment, perform any action, or participate in any activity on the Website that may cause damage to the Company or to the image or reputation of the Company, norshall the User act in a manner that misleads a third party.

4.10 The User shall not create caching, or hypertext link to a Website, or framing of any content appearing on the Website. The User acknowledges that the Company has the right to disable the link or frame, which is created without permission.

4.11 The User shall not copy, modify, amend, take a screenshot of, crawl, use bot or spider, scrap, reproduce, record, transfer, make a copy of, or publish any content or information, or take any action which may result in a breach of these Terms or may impede the Company’s business or trade without the express written consent of the Company.

Section 5. Limitation of Liability

5.1 The Company shall not be liable for any damages, losses and/or expenses, directly or indirectly, incurred as a result of or in connection with the use of the Website by the User or restrictions on the use of the Website, or as a result of the use of the Website for any purposes or reference to any content or information obtained by using the Website or the inability to use the Website, whether in whole or in part, in the event of system maintenance or repair, operation inspection, force majeure, or in other cases as necessary and appropriate.

5.2 The Company does not expressly or implicitly represent and warrant that the Website can accommodate the use by the User without any defects, or that the Website is reliable, accurate, complete, efficient, or is suitable to use for the specific purposes of the User. Therefore, the Company shall not be responsible for damages arising from force majeure, failure to use, mistake, disruption, defect, and incompleteness of such Website under any circumstances.

5.3 The User agrees to solely indemnify the Company against any damages arising out of: (1) violation of any provision of these Terms; (2) use of the Website, (3) entering any information into the Computer System or publishing information on the Website; (4) the User’s activities on the Website; or (5) wrongful act or infringement of the rights of the Company or of a third-party. The User also acknowledges and agrees that the Company shall have the right to claim for actual damages against the User in full.

5.4 The User acknowledges and accepts any risks that may arise from communication, sending any messages, or entering into any transaction with other Users on the Website, which is a result of decision-making and voluntary act of the User.

Section 6. Intellectual Property

6.1 The User agrees and accepts that the information, texts, marks, symbols, images, sounds, logos, software, hardware, tools, components and/or any part of the Website, including but not limited to copyrights, trademarks, service marks, trade names, databases, trade secrets, patents, and information presented on the Website, whether tangible or intangible and whether they are of commercial or economic value, are legally protected, proprietary, and solely owned by the Company.

6.2 The User agrees not to copy, modify, amend, take a screenshot of, crawl, use bot or spider, scrap, reproduce, record, transfer, make a copy of, or publish any content or information relating to the Company or its intellectual property, or take any action which may result in a breach of the Terms or may impede the Company’s business or trade, or may infringe the intellectual property rights of the Company or third parties without the express written consent of the Company.

6.3 The User acknowledges that allowing it to use the Website shall not be deemed as a grant of any right to the User for use of any intellectual property of the Company nor a grant of the exclusive right to use the Website.

Section 7. Transfer of Rights

7.1 The User shall not transfer its rights or obligations hereunder to a third party unless the express written consent is obtained from the Company.

7.2 The User agrees that the Company may transfer its rights or obligations hereunder to its affiliates or third parties without the User’s consent. In this case, the User agrees to use its best efforts to cooperate with the Company and to take all necessary and relevant actions as requested by the Company in order that the transfer of such rights or obligations is fully enforceable by laws.

Section 8. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations hereunder if such failure or delay is caused by connection, electrical or network breakdown, powerfailure, malfunction of a server or system, technical barriers, computer threats and crimes, accidental spread of computer viruses, theft, protests, shortages, riots, strikes, labor disputes, insurrection, fires, flood, storm, explosions, acts of God, war, governmental actions, labor conditions, earthquakes or any other cause which is beyond the reasonable control of the Company.

Section 19. Severability

Any invalidity or unenforceability of any term or condition hereof for any reason whatsoever will not affect the validity or enforceability of other terms and conditions. In this regard, both parties agree to amend and/or modify such invalid and unenforceable term or condition to be enforceable in accordance with the intentions of both parties under these Terms.

Section 10. Notice

Unless otherwise specified herein, notices sent by one party to the other party shall be made in writing (including in electronic form), and shall be deemed to be duly served when delivered by hand to the other party’s representative, or by mail to the other party at the address or any channel as notified to the party; provided, however, that sending a notice to the User by the Company in the form of notification on the Website, SMS, email, or via telephone, shall be considered due and proper service of such notice.

Section 11. No Waiver

Any delay in exercising, or failure to exercise any right hereunder by the Company shall not constitute a waiver or prevent any further exercise of any right or remedy unless such waiver has been made in writing and signed by the authorized person of the Company.

Section 12. Governing Law and Dispute Resolution

12.1 The Terms, including the rights and obligations of both parties set forth herein, are governed by, construed and interpreted in accordance with Thai laws.

12.2 If there are any disputes, conflicts, or claims arising from or in connection with the Terms, including breach of contract, termination, or validity of the Terms, the Company shall negotiate with the User. If such dispute, conflict or claim cannot be settled within 30 (thirty) days from the date of negotiation, the parties agree to submit such dispute to a competent court of Thailand for settlement.

Section 13. General Provision

If there is any discrepancy between the Thai version and the English version of the Terms, the Thai version shall prevail.

Section 14. Amendment

The Company has the right to amend the Terms at any time without giving prior notice to the User. Such amendment will take effect immediately upon announcement on this Website, and the User hereby agrees periodically to visit the Website. Use of the Website thereafter by the User shall be deemed to be acceptance of such amendment. If the User has any inquiries, questions, or issues regarding the Terms, it may contact the Company’s Customer Service Center at 02-657-3999 ext. 3 or send an email to bolservice@bol.co.th

Effective Date
Effective date of these Terms: [5 May 2022]
These Terms were recently amended on: [5 May 2022]