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.

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        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 Com

        pany, 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, whet-

        her 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, nor

        shall 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, nor

        shall the User act in a manner that misleads a third party.

       4.10The 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, mis-

        take, disruption, defect, and incompleteness of such Website under any circumstances.

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        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

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        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

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        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

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        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. 

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        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.

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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]

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