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ABC Loyalty 3.0 Terms of Use

1. Terms of Use

1.1 These terms of use (“Terms of Use”) govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein, including any and all services made available to you by us therein (collectively the "Platform").

1.2 Please read Terms of Use carefully before creating an account, or otherwise using the Platform. By using any part of our Platform and/or accepting the provisions of the Terms of Use either through electronic method or physical document(s) (whichever occurs first), it indicates that you have both read, agreed and accepted to Terms of Use. If you are using our Platform as a representative of an entity, you are agreeing to Terms of Use on behalf of that entity.

1.3 You should also read our Privacy Policy which sets out how we collect and use your personal information.

1.4 Our provisions of the Platform services to you are also governed by the provisions of the Software as a Service (SaaS) Agreement as shown in the link http://ascendbit.com/loyalty-sass  including the service order issued (“Service Order”), which are the provisions defining the scope and details of the related services, commercial terms, additional supplementary services (if any), applicable terms and conditions, etc., and constitutes an integral part of the Terms of Use. The SaaS Agreement and the Service Order shall be collectively herein referred to as the “SaaS Agreement”. In case of contradiction between the terms of the SaaS Agreement and those of the Terms of Use, the terms of the SaaS Agreement shall prevail. 

2. About us and how to contact us

2.1 We are Ascend Bit Company Limited (ABC), a company registered in Thailand, and our registered office is at No. 101 True Digital Park, Phoenix Building, 10th Floor, Sukhumvit Road, Bangchak Sub-District, Phra Khanong District, Bangkok 10260, Thailand.

2.2 For any questions or problems relating to our Platform, our products or services, or Terms of Use, you can contact us by emailing us at loyalty.support@ascendbit.com

2.3 Please refer to our Privacy Policy for information about what personal data we collect and what we do with it, which is available at http://ascendbit.com/loyalty-privacy. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.5 When we use the words "writing" or "written" in Terms of Use, this includes emails.

3 Changes of terms

3.1 We may amend, update, add or remove any provisions of Terms of Use from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. If you object to any such modifications, your sole recourse shall be to cease all use of the Platform. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the updated terms.

3.2 Terms of Use may be superseded by expressly-designated notices or terms located on particular portions of the Platform. These expressly-designated notices or terms are incorporated into Terms of Use and supersede the provision(s) of Terms of Use that are designated as being superseded.

4 Availability of our services

4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change, suspend or discontinue any of the Platform or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether at any time and without notifying you.

4.2 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of Terms of Use or are misusing our Platform or any services we provide.

4.3 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

4.4 You are responsible for configuring your information technology, computer programs and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.

4.5 We may make various services available to you via the Platform. Additional terms may apply to each service in the form of a specific commercial agreement. We may add new Services, and may modify, limit or discontinue existing services, from time to time and in our sole discretion. The use of certain services may require you to visit or otherwise use certain third party services, which shall be subject to the third parties' own terms of use.

5. Your account 

5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You will log in using your registered email address and request an OTP code. You must keep your OTP code secure and confidential. You are responsible for ensuring the security of your user login credentials, including the use of secure OTP code. Any transactions, orders, actions or services used on Platform using the user’s account and OTP code provided solely for the user shall be considered as transactions, orders, actions or services done by the user. The user shall agree that they cannot cancel, revoke, change or amend such transactions, actions or services used on Platform and the user shall be bound in accordance with such transaction in all respects.

5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account. You will promptly notify us if you become aware of any actual or likely misuse of your account.

5.3 We have the right to disable your account at any time, if in our reasonable opinion you are in breach of Terms of Use.

5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of Terms of Use.

5.5 You are responsible for all actions or activities that happen by, through or under your account.

5.6 Creation of an account may be subject to requests for more information, review and/or approval by us in our sole discretion. In order to provide an integrated Platform and collection of related services, your Account may be used across the Platform and may incorporate information received through your use of the different services.

6 Use of the Platform

6.1 Your use of the Platform is subject to your compliance with Terms of Use. You are solely responsible for obtaining and maintaining all equipment and services needed for your own access to and use of the Platform, as well as any for paying any related charges (if any).

6.2 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.

6.3 Subject to your compliance with Terms of Use and all applicable laws and regulations, we give you a limited, personal, worldwide, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by Terms of Use.

6.4This license to use our Platform will terminate if you do not comply with Terms of Use or other additional terms or conditions imposed by us from time to time.

6.5 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.

7 Your rights

7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting, or displaying such content, you grant us a worldwide, fully-paid, irrevocable, perpetual, transferable, non-exclusive, royalty-free license (with the right to sublicense through multiple tiers)) to use, process, copy, reproduce, adapt, modify, publish, transmit, publicly display and distribute such content in any and all media or through any distribution channels (now known or later developed) in whole or in part, in any format or medium now known or later developed and to use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deems appropriate in our sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service). We are not required to host, display, or distribute any of Your Content on or through the Platform and may remove at any time or refuse any of Your Content for any reason.

 

7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

 

7.3 The Platform is intended solely to provide you with access to and use of the services. It is not intended for use as a data backup or storage site. You are solely responsible for ensuring that you maintain copies of any of Your Content. Except as may be required under applicable data privacy or other laws and regulations, we are under no obligation to provide you with access to any data or other materials stored on the Platform or to ensure their reliability or availability.

 

7.4 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under Terms of Use.

 

7.5 When you upload your names, logos and other trademarks to the Platform (collectively, “Your Marks”), you hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce and display Your Marks via the Platform and the services. You acknowledge that we shall use the logo image files that you provide to us via the Platform and the services, and accordingly we shall not be responsible for ensuring that the logo image files you upload are compliant with or conformant to any trademark usage guidelines that you may have in place regarding Your Marks. For the avoidance of doubt, Your Marks shall not include trademarks that are owned by us.

8 Our rights

8.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.

 

8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.

8.3 Our name “Ascent Bit”, “ABC” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent. Terms of Use do not grant you any rights to use the trademarks of our or of third party displayed via the Platform.

9. Feedback

9.1 We value and welcome feedback on our Platform. All such feedback is, and will be treated as, non-confidential and non-proprietary. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.

9.2 You here by waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

10 Limitation on liabilities

10.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

10.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

10.2.1 we provide the Platform and any products or services we offer on an "as is" and "as available" basis, and your access to or use of our Platform is at your own risk;

10.2.2 we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;

10.2.3 we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

 

10.2.4 we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

 

10.2.5 we make no warranty as to the results that may be obtained from the use of the Platform or the services or as to the accuracy or reliability of any information obtained through the Platform or the services. No advice or information, whether oral or written, obtained by you through the Platform or the services shall create any warranty;

 

10.2.6 we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and

 

10.2.7 we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

10.3 To the fullest extent permitted by law, we are not liable to you or others for:

10.3.1 any indirect, incidental, special, exemplary, consequential or punitive damages; 

10.3.2 any loss of data, business, opportunities, reputation, profits or revenues; and/or

10.3.3 relating to the use of our Platform or any products or services we offer.

10.4 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

10.5 The foregoing limitations of liability are an essential basis of our decision to offer the Platform and the services, and shall apply regardless of the legal theory upon which damages may be claimed; regardless of whether a party knew or should have known of the possibility of such damages; and regardless of whether the foregoing limitations of liability cause any remedy to fail in its essential purpose.

11 Your representations

11.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.

11.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to Terms of Use (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf. of that entity. You represent that the used entity will maintain its legal existence and does not make any amendments to any of its registration certificates that significantly affect the performance of duties under this Terms of Use.

11.3 You represent and warrant that all information you provide to us in connection with your account and your use of the platform shall be true, complete, accurate and not misleading.

11.4 You represent and warrant that You have all necessary rights, title and licenses to make the license grants specified herein, with regards to (a) all of Your Content, and (b) all of your trademarks. You represent and warrant that Your Content and your trademarks shall not violate the Acceptable Use Policy.

11.5 You are solely responsible for the payment of any and all taxes relating to your use of the Platform and the services, or to your receipt of anything of value in connection therewith.

11.6 Where use of the Platform requires you to visit or otherwise make use of a third-party service, such as by visiting a third-party service provider's website, you represent and warrant that you will comply with the terms and conditions applicable to use of that. third party service.

 

12 Indemnity

12.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of Terms of Use, (ii) your use of our Platform, (iii) any misrepresentation made by you, (iv) any claims that Your Content or Your Trademarks infringe or misappropriate any third party's intellectual property rights, or that you violate any data privacy rights or other rights of a third party. ; or (v) your violation of any applicable laws or regulations.

 

12.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification hereunder and, in such case, you also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Platform or Terms of Use.

13 Term and Termination

13.1 Terms of Use shall commence as of the date that you accept Terms of Use by creating an account or (if earlier) by otherwise making use of the Platform, and shall continue until terminated as set forth herein.

13.2 You may terminate Terms of Use at any time by terminating the SaaS Agreement, closing your account and ceasing all subsequent use of the Platform.

13.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

13.3.1 You are in serious or repeated breach of Terms of Use and /or the SaaS Agreement (including a prolonged failure to settle any payment);

13.3.2 you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;

13.3.3 we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

13.3.4 our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.

13.4. Upon the termination of your access, you shall cease all subsequent use of the Platform and the services and shall delete or destroy any copies you have made of our content. If the Terms of Use terminated by us, then you shall not attempt to circumvent termination by creating a separate account using different identifying information.

13.5 Upon termination of your access, Terms of Use will also terminate except for Clauses 10 to 19.

13.6 Where we consider necessary or appropriate, we will report any breach of Terms of Use (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

14 Data Privacy; Compliance with Laws

14.1 Data Privacy

Our use of personal data is subject to our Privacy Policy. You shall not provide us with the personal data of any third party unless such third party has consented to (a) its provision to us for the purposes for which it is being provided, and (b) its use pursuant to our Privacy Policy. Third parties' use of personal data that you provide to them shall be subject to the third parties' own privacy policies.

14.2 Compliance with Laws

You shall comply with all laws and regulations that are applicable to your use of the Platform, including without limitation all export controls, import controls, sanctions, anti-boycott, money laundering, data privacy and otherwise. Without limiting the generality of the foregoing, you shall be solely responsible for ensuring that your use of the Platform is compliant with applicable laws, and you shall not make use of the Platform in any fashion that would be contrary to applicable laws (for instance, to receive access to certain technology or payments if such would be prohibited under applicable laws).

14.3 Links to Third-Party Sites

We sometimes may provide links from the Platform to third-party websites. If you use these links, you may leave the Platform. We provide these links to you as a convenience, and we do not verify, make any representations or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed. and/or any other activities conducted on or through such third-party sites. Therefore, unless specifically stated on the Platform, we do not endorse or make any representations about such websites or any information, material or results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third-party sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.

15 Entire agreement

15.1 Terms of Use and the SaaS Agreement constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. Terms of Use and the SaaS Agreement supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform. 

15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in Terms of Use.

16 Other important terms

16.1 We may transfer our rights and obligations under Terms of Use to another organization by sending you a prior 30-day advance notice.

16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.3 Even if we delay in enforcing the Terms of Use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17 Contact

17.1 If you have any questions about Terms of Use or the Acceptable Use Policy, please contact us at loyalty.support@ascendbit.com .

17.2 By using the Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, privacy policy and other information concerning or related to the Platform and the services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you do not want to communicate with us electronically in the future, you must discontinue use of your account, the Platform and the services.

18 Languages

In case of discrepancies between the English and any language versions of Terms of Use, the English version shall prevail.

19 Governing law and dispute resolution

19.1 Terms of Use are governed by and shall be construed in accordance with the laws of the Kingdom of Thailand without giving effect to its conflicts of laws, principles or rules.

19.2 We wish to address your concerns without going through a formal legal process. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting loyalty.support@ascendbit.com.  We will respond to you by email as soon as practicable; however, a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within such a period, you or we may bring a formal proceeding.

19.3 We and you agree that all disputes, controversies, and claims arising out of or in relation to the Services, Terms of Use (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by a court of Thailand and You.

19.4 For the avoidance of doubt, any arbitration under Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

20 Acceptable Use Policy

As part of the terms of use, you shall only use the Platform in accordance with the provisions of this Acceptable Use Policy and you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:

20.1 use our Platform for unlawful or unauthorized purposes;

20.2 probe, scan, or test the vulnerability of any system or network;

20.3 breach or otherwise circumvent any security or authentication measures or service use limits;

20.4 access, tamper with, or use non-public areas or parts of the Platform;

20.5 interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;

20.6 reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;

20.7 access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;

20.8 send unsolicited communications, promotions or advertisements, or spam;

20.9 forge any TCP/IP packet header or any part of the header information in any email;

20.10 send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";

20.11 conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization;

20.12 abuse referrals or promotions;

20.13 post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;

20.14. violate the letter or spirit of our Terms of Use or the SaaS Agreement;

20.15 violate applicable laws or regulations in any way; or

20.16 violate the privacy or infringe the rights of others.

If you use the Platform in a manner that we believe in its sole discretion (a) is contrary to a provision of this Acceptable Use Policy, Terms of Use or the SaaS Agreement, or (b) is harmful to the Platform, the services or other users of the Platform, then we may suspend your account or your use of the Platform.

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