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ABC Point | Terms of Service

ABC Point Terms of Service ( hereinafter referred to as the “Terms of Service") is an agreement between Ascend Bit Ltd., whose head office is located at 101 True Digital Park, Phoenix Building, 10th Floor, Sukhumvit Road, Bangchak, Phra Khanong District, Bangkok 10260 ( hereinafter referred to as the “Company"), one party with service user of ABC Point (hereinafter referred to as the “User" or “You"), the other party to use the ABC Point service (hereinafter referred to as the “Service") by which the Users can send, receive and store ABC Points, which are loyalty points issued by the Company and any electronic data supported by the Company's website or application (hereinafter referred to as “Loyalty Point") through the ABC Point application (hereinafter referred to as “Application"). The User has a duty to understand thoroughly before using the Service and keep checking these Terms of Service regularly. If you have any questions about the Service, you can contact and inquire through ABC Customer Care channels or other channels as specified by the Company.

 

Notwithstanding anything contrary herein, the User accepts and acknowledges that the Company provides the Service of depositing or keeping Loyalty Point hereunder to the User without receiving any fees or other compensations from either the User or any third party.

1. General terms

1.1 The User agrees to comply with and be bound by the Terms of Service. The use of the Service by the User is considered acceptance of these Terms of Service by which the Company may modify or add any part of Terms of Service at any time which the Company will notify the User, and the use of the Service by the User after the amendment or such additions would be regarded as accepting the amendment or more each time.

1.2 Unless otherwise notified or otherwise specified new features, fixing, any additions or improvements in the Service shall be deemed to be subject to these Terms of Service.

 

1.3 The Company reserves the right to improve or cancel the Service or any part of the Service whether temporarily or forever at any time which the Company will inform in advance; however, termination or suspension of Service or any part of the Service would not affect any obligation that the User is still obliged for the payment to the Company including it does not negate any rights or liabilities that the Company and the User have or have occurred prior to the effective date of termination or suspension of the Service or any part thereof.

2. General Terms and Conditions of Service

2.1 In applying for the Service, User must open an ABC Point account (hereinafter referred to as “Account") in order to perform transactions in connection with the use of the Service. The User must perform the following actions:

2.1.1 Users with Thai nationality must give or fill in information as specified by the Company or will continue to be determined in order to comply with the purposes of providing the Service of the Company and/or relevant laws;

2.1.2 Users who hold a nationality other than Thai nationality (hereinafter referred to as “Foreigners") must provide or complete information as specified by the Company or will continue to be determined to comply with the Company's Service objectives and/or relevant laws;

However, the Company reserves the right to refuse Service activation, serve and/or conduct transactions with User who hide their real names or use a pseudonym, or when the Company detects that the User's registered name is invalid. In this regard, the Company reserves the right to provide certain types of Service to User of the types as specified by the Company. In the case that the User is a Foreigner, the Company reserves the right to refuse Service activation, serve and/or transacting with User of nationality residence or certain types of occupations as specified by the Company. However, the User agrees and accepts that the approval of the subscription and providing various types of Service are at the sole discretion of the Company.

2.2 The user must use the TrueMoney Wallet's password to enter the application. (hereinafter referred to as "Password")

The user must keep the password. And the information used to apply for the service is confidential for the user's identity only. And not disclose or take any action that may cause others to know the password and/or such information. The User agrees that if there is any transaction using the User's password shall be deemed to be done by the User himself in all respects. The Company shall not be responsible for any damages arising from any transaction under the User's account. from using that password

2.3 In the event that the User has used the Password to complete any transaction related to the use of the Service, the User agrees that User cannot cancel, revoke, change or amend the said transaction and the User must be bound by such transaction in all respects.

2.4 The User can use the Password for using the Service including various Loyalty Point transactions and/or any transaction which the Company may further expand the scope of Service in the future.

2.5 The User acknowledges that in using the Service if the Password is entered unsuccessfully, the User may be unable to use the Service.

2.6 In the event that the User cannot log into Password for any reason, the User must inform the relevant authorized third party according to the method specified by the relevant authorized third party.

2.7 When available in the Applicable, Users can conduct Loyalty Point transactions by linking the User's account to various channels as provided by the Company (hereinafter referred to as “Source of Funds"), the terms of service of each Source of Funds are in accordance with Article 4 of these Terms of Service including those that the Company may designate only for each Source of Funds in the future.

2.8 The User can make a redemption transaction to acquire the products and/or services not less than the minimum amount or not more than the maximum amount per transaction per day and per month as specified by the Company. The User can check at https://policies.ascendbit.net. The Company has the right to change the aforementioned minimum and maximum amount at any time which will inform the User in advance.

2.9 The Company reserves the right to refuse the transaction of redemption for goods and/or services as follows:

2.9.1 Transactions which are against the law, good morals, network operator’s requirements or any other terms that the Company may specify specifically; and

2.9.2 The transaction exceeds the number of transactions specified by the Company per month.

The conditions for redemption to obtain products and/or the service are subject to the terms of the merchants and/or individual service providers.

2.10 In the event of an error in debiting Loyalty Point and/or transferring Loyalty Point into the User's account arising from the Company’s fault, the User agrees to allow the Company to correct the errors that occur including but not limited to deduction of Loyalty Point from and/or transfer of Loyalty Point to such Accounts. The Company will notify User in advance of the cause and number of Loyalty Point from such errors and if such a mistake causes the Company to pay for Loyalty Point on behalf of the User first, the User agrees to pay back the Company in full. In this regard, if the Company finds that the Loyalty Point in the User's account are insufficient, the Company shall deduct the Loyalty Point to correct the mistake under this article. The Company has the right to suspend the provision of Service to the User until the User's account has enough Loyalty Point and the Company has already deducted Loyalty Point from the User's account.

In the event of an error in deduction of Loyalty Point and/or transfer of Loyalty Point into the User's account is not caused by the Company, the User shall investigate and claim or return the said Loyalty Point directly to the disputing party. If the User has any defense and/or claim against the disputing party, the User will raise against the disputing party by him/herself.

2.11 The Company reserves the right to temporarily hold the number of Loyalty Point in the User's Account as appropriate to check in the event that the Company finds or becomes aware of any particular circumstance as follows:

2.11.1 in the event that the Company has evidence to believe that the User has received Loyalty Point into the User's Account due to an error in the transfer of Loyalty Point of other user; or

2.11.2 in the event that the Company has reason to believe that the User has received the Loyalty Point into the User's account due to illegal acts or attempting to commit an offense as prescribed by law or for whatever reason that may cause damage to the Company or any other person.

2.12 In the event that the Company detects that the Loyalty Point in the User's Account are insufficient for the rate to redeem for goods and/or services required by the Company, the Company has the right to suspend the Service to the User at that time.

2.13 The Company reserves the right to suspend or cancel the Service of the Service User without having to notify the Service User in advance If the Company finds that there is any circumstance under Clause 6.2 of these Terms of Service occurs.

2.14 According to the Anti-Money Laundering Act 1999, including the announcement and the relevant rules that are currently in force and/or to come into force in the future, in the case where the Company is a business which is obliged to comply with the Anti-Money Laundering Law and the Law on the Prevention and Suppression of Financial Support for Terrorism and Proliferation of Weapons of Mass Destruction, the User must identity and verify him/herself by registering and providing evidence of information for the Company to check prove identity and prove the facts of the evidence to be complete and correct as required by law. If the User does not proceed with the registration or presents evidence within the specified period and/or the Company is unable to prove the identity of the User, the User agrees to the Company to suspend the Service or temporarily refrain from making transactions of User until the User registers and show evidence of complete information and in accordance with the form required by law or the AMLO. In this regard, if the User does not proceed with the registration or present the above evidence within 90 (ninety) days from the date the Company suspends or refrains from the aforementioned, the Company reserves the right to terminate the User's Account and/or perform any other actions that the Company deems appropriate.

2.15 The Company reserves the right to change the criteria for approval and limit the number of Account per 1 (one) ID card number or passport number as the Company deems appropriate without having to inform the reason to the User.

2.16 The User acknowledges that the User will not be able to perform any transactions with the User's Account, if the mobile phone number of the User registered with the Company is canceled and a new user register in the Application with such mobile phone number.

In the above case the User acknowledges that the User must remove the Loyalty Point from the User's Account before the said mobile number is canceled and close the Account; otherwise, the Company is not responsible for any damage that may occur to the User.

2.17 Users can view transaction data for the past 3 (three) months through the Application in the “Transaction" field and the User can request information on past transactions within the period specified by the Company by requesting via ABC Customer Care channel at point.support@ascendbit.net or other channels as specified by the Company. In this regard, the User will receive a proof of transaction through the Application in the "Transaction" box. The evidence of the transaction means statement and any other evidence made with computers and storage media or any other storage media used to store data or any other evidence that regulators may determine in the future. The evidence of the transaction is considered confidential information that the User should not disclose to third parties.

2.18 Users can ask for Service information. and/or report problems in using the Service at ABC Customer Care or any other channels as specified by the Company.

3. Service of ABC Point Application

3.1 General Principles

(1) By using the ABC Point Service, User can send, receive and store Loyalty Point at the Application in accordance with the instructions given by the User through the Company's website (each transaction is separately referred to as a “Transfer Transaction")

 

(2) The Company reserves the right to (a) refuse (b) continue according to the conditions set forth in the law or by subpoena court order or other orders from the state or (c) to impose restrictions on the conduct of Transfer Transactions at the Company's sole discretion, which is the final.

 

(3) The Company cannot modify and restore Transfer Transactions of Loyalty Point that have been forwarded for review and confirmed to enter the loyalty point t network (Loyalty Point Network) already.

 

(4) The Company will provide ABC Point Service only for type(s) of Loyalty Point that the Company considers in its sole discretion which is final to accept. Such type(s) of Loyalty Point may change from time to time.

 

(5) In the event that the User has a problem with the Loyalty Point supported by the Company, please contact at point.support@ascendbit.net or according to the channels specified by the Company. If there is any change in the future, the Company reserves the right not to notify in advance which will be announced on the Company's website in the future.

 

(6) Under any circumstances, the User must not attempt to use the User's ABC Point to store, send, request or receive Loyalty Point that the Company does not support, and the User is responsible for protecting the Company from risks, damage, complaint or other risks from such actions of the User.

 

(7) The Company reserves the right and at its sole discretion to manage the interest and any other benefits arising from the Loyalty Point in the ABC Point that the Service User deposits with the Company.

 

3.2 Transfer Transaction

(1) When available in Application, the Company will carry out Transfer Transactions of Loyalty Point according to the order of the User. The Company does not guarantee the identity of the User’s recipient or the counterparty of the User involved in the Transfer Transaction.

(2) The User represents and warrants that the User has checked all information related to the User's Transfer Transaction before sending the transfer order to the Company.

(3) When an order relating to a Transfer Transaction has been sent to the loyalty point network, the amount of Loyalty Point subject to the said order will be in “In Progress" status and such Transfer Transaction will be deemed to have not been completed until a sufficient amount is confirmed from the loyalty point network.

(4) The User agrees and understands that the Transfer Transaction must be reviewed and confirmed from the loyalty point network and the process for such verification may vary. This may lead to delays in the time to complete the confirmation of the Transfer Transaction. In the event of a delay problem, the User waives the right to claim compensation or damages of any nature from the Company.

 

3.3 Loyalty Point Storage

The Company stores access codes (Private Key) of Loyalty Point safely by collecting both online and offline formats. Therefore, there may be cases where it is necessary for the Company to retrieve some data from the offline system to the online system to carry out Transfer Transactions according to the User's instructions, but, in the operation, there may be a delay of up to 48 (forty-eight) hours or more.

 

3.4 Transactions with third parties

(1) The User acknowledges that the Company cannot control and shall not be liable for delivery, quality, safety, legitimacy or other liability for goods or services that User may redeem with third parties by using the Company's loyalty point transfer service.

(2) The Company is not responsible in any case that third parties with whom the User conducts transactions will carry out delivery goods and/or provide services to User successfully. If the User encounters any problems about goods or services redeemed from third parties using Loyalty Point through the Company's transfer service or the User has a dispute with such third parties, the User must resolve disputes with such third parties directly by him/herself immediately under the condition that the User agrees to insulate and protect the Company from damage or complaints that may arise in connection with such disputes.

 

4. Terms and Conditions of Use of the Source of Funds Service in the Application (applicable when available on the Application)

4.1 The User must have an ABC Point Account before being able to bind any Source of Funds connected to the User's ABC Point Account. However, the Company reserves the right to provide Service for Source of Funds that the Company provides Service to connect to the Account only.

4.2 The User agrees and acknowledges that when the User has successfully linked any Source of Funds to the User's Account, the Company may need to access the User's Source of Funds data in order to display such Source of Funds data on the Application page on the User's device or on any other channels as specified by the Company. However, it is for the convenience of the User to use the Source of Funds Service according to these Terms of Service.

4.3 The Company reserves the right to limit the number of accounts of the Source of Funds that the User can use to link to the User's Account. However, the Company may change the limit on the number of Source of Funds accounts that the User can link to their Account which will inform the User in advance.

4.4 When the Service User has already linked any Source of Funds to the User's Account, the User agrees that the Company shall deduct money and/or other loyalty points from such Source of Funds linked to the User's Account to exchange for Loyalty Point.

4.5 The User acknowledges that the Company is only a service provider in facilitating transactions with the Source of Funds tied to the User's Account according to the User's instructions only. However, the Company is not considered doing so as a bank or financial institutions or the provision of services in such transactions is to provide financial services. It is not deemed that the Company (a) provides direct Loyalty Point transfer services to User; and/or (b) acting as a trustee, a custodian on his behalf or administrators of interests in Loyalty Point of User. If a problem arises as a result of the use of any Source of Funds associated with the User's Account in addition to transactions with Loyalty Point, the User agrees to contact the bank or financial institutions or that Source of Funds provider and/or take corrective action manually. The Company is not involved in any way.

5. General Terms and Conditions of Use and Restriction to use

5.1 Limitations on transactions

In providing Service for Transfer Transactions, the Company will consider setting restrictions on transactions for User by considering the identity verification process that the User has completed the verification and other factors. The Company reserves the right to impose restrictions on transactions as it deems necessary with the Company's sole discretion.

5.2 Relationship between the parties

In consideration in all purposes and in all cases, the Company is an independent service provider and none of all provisions of the Terms of Service shall be deemed causing or will be interpreted as the User and the Company are business partners, joint venture or cooperating for profit in any manner or will be jointly liable and there is no case where the User or the Company will be representatives of each other.

5.3 Tax

(1) It is the duty of the User solely to assess whether taxes must be paid on transactions under the Company's Service and the User is responsible for keeping the report and paying taxes correctly as prescribed by the Revenue Department.

(2) The User can search the User's transaction history from the User's Account.

(3) The User must compensate the Company in the event of a complaint, litigation against the Company or the assignment of duties relating to the User's own taxes and duties arising from the use of the Company's Service through the Company's website.

5.4 Unclaimed Loyalty Point

(1) If the Company (a) holds Loyalty Point in the User's Account; and (b) unable to contact the User and (c) there is no record of the User's use of the Service for many years, under the relevant laws, Company may need to report those Loyalty Point as an unclaimed property to the relevant authorities.

(2) If this happens, the Company will notify or announce and try to find the User from the address listed in the Company's records, but if the Company is unable to contact the User by using the Company's reasonable efforts, the Company will notify the User for the last time and keep Loyalty Point that remain in the accounts of such User in the User's Account until someone has the right to contact to receive such Loyalty Point. However, the User agrees and accepts the process of doing so without any right to claim for damages or compensation.

 

6. Termination of Service and Cancellation and suspension of Service

6.1 In the event that the User wishes to cancel the Service, Users must submit to the Company their request for termination of the Service by themselves through ABC Customer Care channel or other channels as specified by the Company and operate in accordance with the method and period of time specified by the Company. In such case, the requesting User agrees to use up or transfer (when applicable) all remaining Loyalty Point in the User’s Account prior the effective date of the Service termination as agreed between the Company and the User. If there are still Loyalty Point remaining in the User's Account after the effective date of the Service termination as agreed between the Company and the User, then the Company has the right not to return the remaining Loyalty Point to the User. The User agrees to not charge any interest or compensation against the Company.

6.2 The Company reserves the right to cancel the Service or suspend Service without having to notify the User in advance in the following cases:

6.2.1 The User uses forged documents or showing false statements in registering for an account including notification or showing false evidence or showing incomplete documents as requested by the Company;

6.2.2 the User is dead;

6.2.3 The User is a person who has been ordered by the government or government agency to seize or attach the property. or is a designated person or accused or being suspected of being an offender under the law;

6.2.4 the Company suspects that the User has committed an offense or attempting to commit an offense as prescribed by law or take any action that may cause damage to the Company or any other person;

6.2.5 in the event that the User cancels the service of the mobile phone number used for account opening without notifying the Company of such cancellation and a new mobile phone number to be used for the Account when the Company becomes aware of the information about the cancellation of the use of such mobile phone number service;

6.2.6 In case of foreign national ; User has residence and certain types of occupations as specified by the Company;

 

6.2.7 the User misbehaves with one of the conditions specified in these Terms of Service;

6.2.8 the User has not used the Service for a continuous period of more than 12 (twelve) months;

6.2.9 Foreign User who has expired passport during using the Service; or

6.2.10 The Company is aware that the User has become incompetent or a quasi-incompetent person under the law and without the consent of or acting on behalf of the User's legal guardian for applying and using the Service under these Terms of Service.

However, the Company is not involved or responsible for all damages that may arise as a result of the suspension and/or termination of the said Service. In the event that the Company has any reason to suspect or the Company has a need to comply with any law, the Company may contact to request the User to provide information or submit documentary evidence or any additional documents for the Company to consider. If the User does not perform the actions requested by the Company within the period specified by the Company or the Company receives the information, or documentary evidence or any additional documents from User and the Company deems that the User enters any of the aforementioned characteristics or the Company is obliged to terminate the relationship with the User for legal reasons, the Company reserves the right to cancel the Service or suspend the Service immediately.

6.3 In the event that the Company exercises the right to cancel the Service or suspend the Service under Clause 6.2 above, the Company has the right to do the followings:

If the User's Account has Loyalty Point remaining, the Company will maintain the aforementioned Loyalty Point of the User. The User has the right to claim the Loyalty Point back from the Company by notifying the Company in advance via ABC Customer Care channel or other channels as specified by the Company and operate in accordance with the method specified by the Company. However, in case of the expiration of the said period, the Company reserves the right to act according to the Company's internal policy.

In the event the User request to claim Loyalty Point, the Company will verify the correctness and transfer the remaining Loyalty Point to the User by transferring to the User's Loyalty Point account or a new User account according to the details that the User will inform the Company in accordance with the methods and conditions specified by the Company.

6.4 Notwithstanding anything contrary herein, in the event that the Service is terminated or suspended regardless for whatsoever reason or by whomever causes if there are still Loyalty Point (regardless in whatsoever form of any point and electronic forms) remaining in the User's Account (“Remaining Loyalty Point") which are supported only by the Company's website/Application or cannot be transferred to the User's Loyalty Point account or a new user account that does not exist with the company for whatever reason, the Company reserves the right not to return the Remaining Loyalty Point to the User, and the User agrees not to claim any damages or compensation from the Company.

7. User's testimonial

7.1 In case the User has Thai nationality, the User certifies that the User is legally competent or obtaining legal consent to apply for and use the Service including agreeing to be bound by these Terms of Service and/or entering into any contract related to the use of the Service. If you are the legal guardian of the User who owns the Account, you agree to apply for the Service and agree to be bound by these Terms of Service and/or entering into any contract related to the use of the Service on behalf of the User who owns the account

In the event that the User is a foreigner, the User certifies that the User has reached the age of 15 (fifteen) years of age and has the ability to be bound by these Terms of Service and/or entering into any contract related to the use of the Service in accordance with the laws of their own country.

The User and/or the User's legal guardian understands that the User is responsible for the consequences of the Loyalty Point or any other consequences or may arise as a result of the use of Service performed by the User or at the User and/or the User's legal administrator permits third parties to use registration data, or any other information of the User.

7.2 The User certifies that he/she will not use the Service in conducting Loyalty Point transactions for any unlawful purpose whether gambling sex trade money laundering or use the account to seek benefits whether for the benefit of the User and/or other persons which looks like a Loyalty Pointsettlement agent or looks like a channel for depositing and withdrawing Loyalty Point or used to do business in various forms , including acts that violate the public order and good morals infringe on the intellectual property rights of others or any other illegal acts including will not make the application or the network connected to the application must be damaged or will not cause interference with the use of any other person's application, not trying to enter the Application or the network connected to the Application without any power by means of hacking copy or destroy the database or any other method. If any damage occurs to the Company or the Company is liable for any liability arising from the User's transactions of Loyalty Point through the Company's Service for the above purposes or from the User's actions related to the above Application, the Company has the right to suspend or terminate the Service immediately and the User shall be responsible for indemnification to the Company in all respects. The Company is not involved or responsible for all damages that will occur.

7.3 The User certifies that the information provided to the Company in accordance with Clause 2.1 of these Terms of Service and any other information that the User delivers to the Company is correct information in all respects. If the Company detects that the User has forged document information and/or impersonate any person regardless of whether such person will agree or not to subscribe to this Service or not, the Company reserves the right to suspend or cancel the Service immediately and the User shall be responsible for compensation to the Company in all respects regardless of whether the User has fraudulent intentions or not.

7.4 The User undertakes to agree to be bound by compliance and to cooperate including agreeing to provide information and/or delivery of documentary evidence or any additional documents which the Company may request to be sent for the purpose of considering the activation of the Service, perform any transaction or to comply with any rules, announcement or any legal provisions related to the performance of these Terms of Service both existing and/or to be held in the future.

7.5 All title, ownership and intellectual property rights in and to the Application and Service are owned by the Company or its licensors. The User acknowledges and agrees that the Application and Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company, the User agrees not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Application or Service, in whole or in part.

8. THE COMPANY LIMITATION OF LIABILITY

8.1 The Company will provide the Service to User with satisfactory Services. If any Service provided by the Company is faulty or delayed whether caused by a computer system, internet system, various electronic devices or any other systems related to the provision of Services including the mobile phone network and regardless of any reason, the User agrees not to raise the aforementioned interruption as a claim for any damages from the Company.

8.2 The User acknowledges that the Company is only the service provider of the Application. in facilitating redemption to obtain products and/or services and conducting transactions according to the User's instructions, so if there is a problem with the product and/or services or there is a defect in the product and/or services or any dispute arises, the User must contact the seller and/or the merchant of the goods and/or those services themselves. The Company has no knowledge of the contract, terms or various rights and duties which the User and the seller and/or the service provider have against each other, so if there is a dispute arising from the Service of the Company, the User must be responsible and/or take action to resolve disputes on their own. The Company is not involved in any way.

8.3 The Company reserves the right not to be responsible for any loss or damage whether directly or indirectly which happened to the data in the mobile phone or any other device or mobile phone or any other device due to the use of the Service of the User.

8.4 The Company reserves the right not to be responsible for any loss. or damaged incurred with Loyalty Point in the Source of Funds linked to the User's account including the amount of Loyalty Point in the User's ABC Point account due to the mobile phone or any other device of the User has been lost or stolen or the Service User was deceived or from Malware or Computer Virus or from any other electronic attack on mobile phones or any other device of the Service User who uses the Service or from any other force majeure The Service User must notify the Company to request the suspension of the use of the Source of Funds account. or immediately to the Source of Funds Service provider. In the case of Loyalty Point in the User's ABC Point account Users can request to suspend the use of Loyalty Point in their accounts by themselves through ABC Customer Care channels or other channels as specified by the Company.

8.5 The Company is only a service provider providing Services through the Application and other channels (if any) as specified by the Company. The Company has no knowledge or participate or support in any action of User relating to the use of the Service and/or use of the Application including other channels. If the User has taken any action whether on purpose or not which is an illegal act and/or cause damage to other persons whether directly or indirectly, the User agrees to be responsible for the action and/or damage to third parties or those who have suffered direct damage.

 

8.6 The Company reserves the right to assume any responsibility in relation to personal data protection laws or any other law due to the User concealing information or providing information that is inaccurate to the Company. If the User conceals the information or provides information that is inconsistent with such facts, the User agrees to be responsible for any damage that happened to the Company and/or all third parties.

8.7 The User expressly understand and agree that the Services (including the Application and its content) are provided on an “as is'' and “as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The User acknowledge that the Company has no control over, and no duty to take any action regarding: which the User gains access to or use the Services; what effects the content may have on the User; how the User may interpret or use the content; or what actions the User may take as a result of having been exposed to the content. The Company makes no representations concerning any content contained in or accessed through the Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Company does not represent or warrant that access to the Services will be continuous, uninterrupted, timely or secure. The User acknowledge and accept that the Services (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data and (d) may be modified at any time with or without notice to the User.

The User acknowledges that the Company is not responsible for any loss, damage or liability arising from User’s failure to comply with the terms hereunder.

The User agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from the User’s use of the Service, violation of these Terms of the Service, and any of the User’s acts or omissions that implicate publicity rights, defamation or invasion of privacy. The Company reserves the right to assume exclusive defense and control of any matter, subject to indemnification by the User and, in such case, the User agrees to cooperate with the Company in the defense of such matter.

8.8 The User acknowledges and agrees that the User assumes full responsibility for the User’s use of the Service and the Application. The User acknowledges and agrees that any information the User sends or receives during the use of the Application and the Service may not be secure and may be intercepted or later acquired by unauthorized parties. The User acknowledges and agrees that the use of the Application and the Service is at the User’s own risk. Recognizing such, the User understands and agrees that, to the fullest extent permitted by applicable law, the Company will not be liable to the User for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if the Company had been advised of the possibility of such damages), resulting from the Application or the Service; the use or the inability to use the Application or the Service; unauthorized access to or alteration of the User’s transmissions or data; statements or conduct of any third party on the Application or the Service; any actions the Company take or fail to take as a result of communications the User send to the Company; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Application or the Service); any injury or damage to computer equipment; inability to fully access the Application or the Service; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Application or the Service.

9. Personal data

The User agrees and acknowledges that the Company may collect use or disclose personal data of the User and/or that the User have given to the Company and/or in the possession of the Company and/or that the Company obtains or collects from other sources or any other person in accordance with the law for the purpose of considering the request to register for an Account, identification/verification, use of the Service and support, service inquiries, conducting statistics, analyzing data for the purpose of developing Services or providing benefits that may benefit User in connection with the Service; or providing User with good Service, sending information including any action for any purpose related to Service that the User may be interested in or useful to the User through the notification channel on the Application and the contact channels that the User have informed which the Company has the legal rights arising from the provision of Services and the User acknowledges that the Company may transmit or transfer personal data of the User to the entity that has control over the Company or is under the control of the Company and legal entities under the same control as the Company including any juristic person or any other person with whom the Company is a contractual party or has a legal relationship as well as external persons or juristic persons who are responsible for processing personal data both within and outside the country that have insufficient standards for personal data protection as required by law. The Company undertakes to have measures to protect personal data that are appropriate and consistent with the standards required by law.

User can check and study other details through the Company's personal data protection policy at https://policies.ascendbit.net.

 

10. Language

Translation of these Terms of Service whether translated into any language is intended for the convenience of the User only. It does not have any intention to modify the Terms of Service. In the event of a conflict between the Thai version and other languages that is not Thai, the Thai version shall prevail.

11. Governing Law

These Terms of Service shall be enforced and construed in accordance with the laws of the Kingdom of Thailand regardless of the provisions on conflicts of law.

12. Severability

If the requirements or any conditions of these Terms of Service are void, invalid or unenforceable under any law, all remaining terms shall remain in full force and effect.

13. Non-waiver

In the event that the Company does not enforce the terms or any terms of these Terms of Service, it will not affect the Company's right to enforce the terms or condition later and shall not be construed as a waiver of such provision to enforce the same.

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